Understanding Risks and Liabilities of Deep-Sea Mining: Tonga’s Crucial Decision
US lawyer Lori Osmundsen has emphasized the need for Tonga to fully understand the risks and liabilities associated with deep sea mining (DSM) before making any decisions. Osmundsen, who authored a report commissioned by the Civil Society Forum of Tonga, highlights the importance of Tonga’s awareness of its national and international legal obligations. The report, titled “Tonga and Deep-Sea Mining: An Evaluation of Legal Frameworks, Obligations, Liability Risks, and Measures for Strengthening the Kingdom’s Capacities with Regard to Environmental Impact Assessment,” was launched in Nukualofa, Tonga. It examines the legislation and environmental impact assessments conducted by the Nauru Government in relation to the deep-sea mining company NORI.
Osmundsen draws lessons from Nauru’s experience, pointing out the problems encountered in the process of conducting environmental impact assessments. These issues included a lack of transparency, insufficient public engagement and consultations, limited opportunities for public input, and inadequate information on the deep-sea ecosystem’s impact in the reports provided by the mining company. Osmundsen warns that similar problems can be expected in Tonga if the DSM process is rushed.
She also highlights that Tonga Offshore Mining Limited (TOML) is currently the sole deep sea mining contractor in Tonga, and it is Tonga’s responsibility to be informed about the company’s activities. Tonga may be held responsible for any damages or liabilities resulting from TOML’s failure to comply with regulations or any fraudulent activities.
Drew Havea, the chairman of the CSFT board, expresses satisfaction with the report, as it provides options and recommendations for improving Tongan laws to protect the environment and the people in the context of DSM operations. The launch of the report was attended by various representatives from communities, schools, non-governmental organizations, and faith-based organizations.
