Deusdedit Ruhangariyo
Special to ICT
Around the world: Royalties to Australian Indigenous peoples questioned, Amazonian states in Brazil advocate for judicial system reforms, and Vietnamese authorities pursue refugees in Thailand.
AUSTRALIA: Indigenous mining royalties questioned
The confidence of one of Western Australia’s largest Indigenous charitable trusts, the IBN Charitable Foundation, remains steadfast amidst discussions with Australian mining and metals company BHP regarding potential reimbursement of royalties. IBN receives royalties from BHP’s Mining Area C operation in the Pilbara, on behalf of three traditional owner groups: the Yinhawangka, Banjima, and Nyiyaparli people, the National Indigenous Times reported on March 15.
Jeff Parnell, IBN co-chair, expressed assurance to the National Indigenous Times, stating ongoing discussions with BHP over the past three years hadn’t raised concerns about reimbursing funds. The issue emerged after BHP commenced production at the South Flank mine, adjacent to Mining Area C, which falls outside the IBN agreement but within the broader Banjima native title determination.
Parnell emphasized that reimbursement requirements might not materialize. If they did, they could be gradually paid over the decades-long agreement between BHP and IBN, with minimal impact on its members. Last year, IBN received $47 million in mining royalties, but BHP confirmed in its annual report last October that payments were deemed excessive over an extended period due to the expansion of the South Flank mine.
BHP is collaborating with IBN and representatives of the three Traditional Owner groups to determine whether reimbursement is warranted. IBN acknowledged in its report that BHP notified them of potential overpayments but noted that calculations and decisions on reimbursement were pending.
BHP’s Western Australia Iron Ore business reported underlying net profits of $21.8 billion for FY22 and $16.7 billion for FY23. Royalty payments to IBN increased substantially in recent years under the Mining Area C agreement, reaching nearly $47 million annually.
IBN’s total assets have grown to $211 million, according to Business News, solidifying its position as one of Western Australia’s largest indigenous charitable trusts.
BRAZIL: Judicial system reforms sought
Brazil’s Supreme Court has welcomed its first justice from an Amazonian background in nearly two decades, as Flávio Dino de Castro e Costa, a former federal judge and Maranhão governor, took oath on Feb. 22. The significance of Dino’s appointment was highlighted by Mongabay on March 14.
Identifying himself as a man from the Amazonian region, Dino’s confirmation underscores the historical underrepresentation of Amazonian states in Brazil’s highest judicial bodies. Despite comprising nine states, the Amazon had seen only two justices in the Supreme Court throughout its 134-year history.
Similar underrepresentation persists in the Superior Court of Justice, Brazil’s top appeals court, with only four judges from the Amazon since 1988. This dearth of representation has sparked calls for federal court reforms by experts, activists, Indigenous advocates and lawyers from Amazonian states.
The urgency for reform is particularly felt in the Amazon, where issues like illegal logging, land grabbing, and Indigenous land invasions frequently intersect with federal jurisdiction. However, cases in the region often find their way to judges lacking firsthand experience or understanding of Amazonian complexities.
Mauricio Terena from the Articulation of Indigenous Peoples of Brazil notes that increased representation from Amazonian states could enhance native peoples’ access to justice and alter perceptions of fairness within the judiciary.
The municipality of Lábrea in Amazonas state epitomizes the consequences of federal justice absence. Rife with land disputes, illegal activities, and violence, Lábrea struggles with impunity, exemplified by the targeted violence against the Marielle Franco settlement.
Named after the slain Rio de Janeiro councilor, the settlement faces threats and violence, indicative of broader issues in Brazil’s justice system. Despite recent federal court attention, access to justice remains challenging for Amazonian residents, with legal proceedings often held hundreds of kilometers away from affected communities.
Amanda Farias, a state public defender in Lábrea, highlights the stark reality of federal justice absence, where remote parties struggle to engage with legal processes.
VIETNAM: Vietnamese authorities pursue Montagnards in Thailand
Police from Vietnam’s Dak Lak province made unanticipated visits to two locations in Thailand where numerous ethnic minorities seek refugee status, as reported by Radio Free Asia.
Members of the Montagnard community expressed alarm when the agents visited their residences on Thursday, reportedly pressuring and threatening them to return to Vietnam. The term “Montagnard,” coined by French colonialists for tribes in Vietnam’s Central Highlands, is rejected by Vietnamese authorities.
Additionally, the police sought individuals wanted in armed attacks last June on two People’s Commune headquarters in Dak Lak province, according to refugees. The area where the attacks occurred is home to about 30 Indigenous tribes with a history of conflict with the Vietnamese majority, claiming discrimination.
In January, 100 individuals were tried in connection with the attacks, resulting in sentences ranging from three-and-a-half years to life imprisonment, predominantly on terrorism-related charges. Vietnamese lawyers criticized the trial as rushed.
Montagnards residing in Bang Len district, Nakhon Pathom province, recounted that Thai police escorted Vietnamese officers to their homes. The officers, dressed in plainclothes, questioned them while others recorded videos and took photos. They attempted to persuade the Montagnards to return to Vietnam, promising transportation, food, and accommodation expenses, as reported by Radio Free Asia.
However, the refugees expressed skepticism, fearing imprisonment or worse upon return to Vietnam. Dinh Ngan, an ethnic Bana refugee, stated that a Gia Lai provincial police director offered to be their “guardian” if they returned, while warning of arrest or difficulties if they refused. Another refugee, Nay Phot, claimed officials threatened arrest if they didn’t return, promising leniency and government assistance upon compliance.
In a recent statement, Vietnam’s Ministry of Public Security labeled Montagnard Stand for Justice and the Montagnard Support Group as terrorist organizations linked to the 2023 Dak Lak attacks. The refugees reported that Vietnamese officers questioned them about wanted individuals, displaying arrest warrants on their cellphones.
Police Colonel Adisak Kamnerd of the Bang Len police denied receiving requests for Vietnamese officers to visit, while another security official criticized the violation of refugees’ privacy rights and termed it “undiplomatic.”
The incident occurred following a meeting between Vietnam’s Minister of Public Security and the Thai Ambassador to Vietnam, where an agreement on extradition and mutual legal assistance in criminal matters was proposed.
My final thoughts
My final thoughts are with the Charitable Trust that has done so much development concerning the Indigenous Charitable Trust discussions with BHP, particularly concerning the potential reimbursement of royalties. As reported by the National Indigenous Times on March 14, the IBN Charitable Foundation, representing the Yinhawangka, Banjima and Nyiyaparli people, is navigating discussions regarding royalties from BHP’s Mining Area C operation in the Pilbara.
It is imperative to acknowledge the significance of Indigenous rights and economic empowerment, particularly in the context of resource extraction on traditional lands. The IBN Charitable Foundation’s resilience and dedication to protecting the interests of Indigenous communities amid discussions with BHP are commendable.
However, I wish to express my concern regarding the potential reimbursement of royalties and the broader implications for Indigenous communities. The reassessment of royalties highlights the complexities and challenges faced by Indigenous groups in negotiating fair and equitable agreements with resource companies.
While I understand the importance of economic partnerships between Indigenous communities and corporations, it is crucial to ensure that these partnerships prioritize the interests and well-being of Indigenous peoples. Any potential reimbursement of royalties should be approached with sensitivity and transparency, taking into account the socio-economic impacts on Indigenous communities.
In light of these developments, I urge all parties involved to engage in constructive dialogue and collaboration to find mutually beneficial solutions. It is essential to uphold the principles of reconciliation, respect and empowerment of Indigenous peoples in all aspects of resource development and economic partnerships.
Furthermore, I encourage the IBN Charitable Foundation to continue advocating for the rights and interests of Indigenous communities in negotiations with BHP and other stakeholders. Your steadfast commitment to protecting Indigenous rights and promoting socio-economic development is vital in ensuring a more just and equitable future for all.
In conclusion, I stand in solidarity with the IBN Charitable Foundation and Indigenous communities in their pursuit of justice, equality and self-determination. I trust that through dialogue, collaboration and advocacy, we can work toward a more inclusive and sustainable future for Indigenous peoples.
