A/HRC/18/35/Add.6
scale mining operations continued and, in some cases, intensified the environmental
damage, the effects of which are still felt today.
36.
In recent years, changes to the regulation and conduct of mining operations indicate
a trend towards more responsible mining practices, and offer promising examples of joint
environmental stewardship by the Kanak people and mining companies. For example,
Société Le Nickel (SLN), a major mining company, has undertaken a number of
environmental recovery and reforestation activities and participated in the creation of a
fund to enable mining companies to partner with local authorities to clean up mines in use
prior to 1975. However, runoff from other open and abandoned mines has not abated. For
example, in the northern areas of South Province, Kanaks have expressed frustration over
the runoff from open-pit and abandoned mines. According to reports, the runoff clogs
streams, suffocating fish, crabs and other living creatures, reduces the quality of the soil for
farming and, as it washes out to sea, damages the reef.
37.
Mechanisms for monitoring and mitigating the impact of a new nickel-processing
plant in South Province has been included in the innovative “Pacte pour un développement
durable du Grand Sud,” an agreement between local Kanak customary authorities, the
Customary Senate, the indigenous environmental organization Rheebu Nuu, and the
Brazilian-owned mining company, Vale-NC.16 The pact ensures Kanak oversight of the
environmental impact of the project and incorporates consultation with the Kanak during
nearly every phase of project development. It also includes provisions for the reforestation
of land beyond the project area, and the creation of a Customary Environmental
Consultative Committee to oversee environmental assessments and respond to concerns.
Kanak authorities reported satisfaction with the pact and the plans to train staff and
managers from among the local population for plant operations. At the same time, they
highlighted their concerns over the environmental impacts of the nickel mining and
processing operations, and emphasized the need to ensure effective implementation of
environmental controls under the terms of the pact.
Extractive industries and innovative models to generate income
38.
The Special Rapporteur heard a number of Kanak chiefs and representatives express
frustration over the absence of economic benefits to their people from the enormous nickel
wealth being generated in the country. The Grand Sud pact addresses this concern with an
innovative mechanism to deliver economic benefits. While the pact does not provide for
profit sharing with the affected Kanak clans or for royalties to be paid to them, it does
establish a corporate foundation with a mandate to invest in development projects in the
neighboring communities. The foundation, under the leadership of a board of directors
composed of customary authorities, Kanak environmental activists, customary senators and
representatives of Goro Nickel Company, the joint venture company in charge of
developing the mine, will fund projects proposed by local communities. Possible project
areas include social and cultural development, including education and training,
environmental protection, development of economic activities not linked to mining
operations, and any other initiatives contributing to sustainable and participatory
development in the area. Goro Nickel has committed to invest 160 million CFP francs
(US$1.95 million) per year for the first four years of the pact.
39.
Another innovative arrangement to generate economic benefits in which Kanak
people can share is in North Province, which is mostly populated by Kanaks. Under the
leadership of the Kanak political coalition FLNKS, the Province has entered into a novel
16
12
See Vale, Les Communautés Voisines: Pacte pour un développement durable du Grand Sud, available
at http://www.vale.nc/pages/communautes/developpement-durable.html.