Access to Justice for Communities Affected by the PT Weda Bay Nickel Mine – Interim Report

85 Pages Posted: 24 Oct 2013

See all articles by Shelley D. Marshall

Shelley D. Marshall

RMIT University

Samantha Balaton-Chrimes

Deakin University

Omar Pidani

School of Culture History and Language, Australian National University

Date Written: September 4, 2013

Abstract

This report finds that the ethnic Sawai and Tobelo Dalam communities affected by the PT Weda Bay Nickel project have not, to date, had their right to meaningful, free, prior and informed consultation and consent respected, as required by international human rights standards, and the IFC Performance Standards. The compensation they have been offered for the relinquishment of their land rights is inadequate, inappropriate and not in line with international norms; and they have not had adequate access to redress through judicial or non-judicial review of these grievances. Their customary rights over land have not been adequately respected. Urgent action is required to remedy these breaches of international norms before the extraction phase begins.

Keywords: mineral resource extraction, human rights, corporate accountability

JEL Classification: D63, L72

Suggested Citation

Marshall, Shelley D. and Balaton-Chrimes, Samantha and Pidani, Omar, Access to Justice for Communities Affected by the PT Weda Bay Nickel Mine – Interim Report (September 4, 2013). Available at SSRN: https://ssrn.com/abstract=2343957 or http://dx.doi.org/10.2139/ssrn.2343957

Shelley D. Marshall (Contact Author)

RMIT University ( email )

Melbourne Campus
Building 13
Melbourne, Victoria 3000
Australia
+613 99251382 (Phone)

HOME PAGE: http://www.rmit.edu.au

Samantha Balaton-Chrimes

Deakin University ( email )

75 Pigdons Road
Victoria, Victoria 3216
Australia

Omar Pidani

School of Culture History and Language, Australian National University ( email )

Canberra, Australian Capital Territory 2601
Australia

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