9th Circuit upholds Bougainville residents’ right to sue Rio Tinto, PNG in U.S.

The U.S. Ninth Court of Appeals has allowed Bouganville Island residents to pursue legal action against Rio Tinto.

RENO, NV - 

The U.S. Ninth Circuit Court of Appeals Monday upheld the right of Bougainville Island residents in Papua New Guinea to pursue class-action litigation against London-based über miner Rio Tinto.

The plaintiffs claim that they or their families were victims of numerous violations of international law as a result of Rio Tinto's Bougainville copper mining operations, and the decade-long uprising generated by the controversy over the mine. Rio Tinto has argued that the plaintiffs need to exhaust all PNG court remedies prior to seeking U.S. court intervention.

The suit claims the company's joint venture with the PNG government to operate the copper mine on the island resulted in international environmental violations and crimes against humanity resulting from a military blockage in response to civilian resistance to the mine. The class action claims to represent Bougainvilleans continue to be exposed to mine toxins, individuals who lost property as a result of environmental contamination, and people injured or killed during the Bougainville conflict between 1989 to 1999.

Over the years, mine operations had polluted the island's waterways and air quality, and reportedly undermined the physical and mental health of local residents. In November 1988 Bougainvilleans committed several acts of sabotage, which forced the closure of the copper mine. Rio Tinto asked for the PNG Government's help in stopping the uprising and reopening the mine. The military actions taken by the government resulted in the deaths of many civilians, according to the appeals court. In 1990, the islanders called for secession from PNG, resulting in a decade-long civil war, which reportedly resulted in numerous atrocities and war crimes being committed.

The plaintiffs also claim that Rio Tinto played a role in the military blockade of the island. By the time the war ended in 1999, approximately 15,000 civilians had died, according to the Red Cross.

Under the Alien Tort Claims Act, foreign nationals can sue in U.S. against companies who that violate international laws. The three judge appellant court panel ruled Monday "that most of the plaintiffs' claims may be tried in the United States." 

"If the plaintiffs'' allegations are to be believed," Circuit Judge Fisher wrote , Rio Tinto, acting with the assistance of the PNG Government, committed crimes including "racial discrimination, environmental devastation, war crimes and crimes against humanity, with severe repercussions for many citizens of PNG."

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