LEAT Submits Complaint to Human Rights Commission Against Afrika Mashariki Gold Mine, Tarime

Dar es Salaam, Tuesday, July 29, 2003

The Lawyers` Environmental Action Team (LEAT), today lodged a complaint to the Commission for Human Rights and Good Governance [ pdf | word ] concerning the Afrika Mashariki Gold Mine at Nyabigena and Nyabirama areas of Tarime District in Mara Region. The complaint was lodged pursuant to the provisions of the Commission for Human Rights and Good Governance Act, 2001; and the Constitution of the United Republic of Tanzania, 1977. It is brought on behalf of some 1260 former small-scale miners, peasant farmers and other residents of Nyabigena and Nyabirama areas who were forcibly evicted from their lands, settlements and had their properties expropriated by Afrika Mashariki when the company took over the two gold mining areas. The forcible evictions were carried with the assistance of the FFU paramilitary security forces in August 2001.

The complaint is brought against the Afrika Mashariki Gold Mines Ltd., and East African Gold Mines Ltd., its Australian parent company; and Placer Dome Inc., of Vancouver Canada that recently acquired the Tarime Mine from its Australian owners. Other persons that LEAT has asked the Human Rights Commission to investigate include high-ranking government officials and former officials such as the current Minister for Energy and Minerals Daniel Yona; former ministers Jakaya Kikwete, William Shija, Abdallah Kigoda and Edgar Maokola Majogo. Also included in the list are the Commissioner for Minerals Gray Mwakalukwa; Mara Regional Commissioner Ambassador Nimrod Lugoe; Regional Police Commander Paul Ntobi; Tarime District Commissioner Paschal Mabiti and former DCs Cheyeka and Chinuno Magoti. Others are Tarime OCD Mbelwa and the OCCID for Tarime, former District Mines Officer Hassan, District Land Valuation Officer David Magabe and the Public Relations Officer for Afrika Mashariki John Bosco Mbusiro.

The complaint alleges that these officials were responsible for widespread violations of the villagers` rights and freedoms as guaranteed in the now repealed Mining Act, 1979; the Mining Act, 1998; and the Constitution. The complaint further alleges various violations of international law and internationally accepted human rights norms and standards as enunciated in the Universal Declaration of Human Rights, 1948; the African Charter on Human and Peoples` Rights, 1981; the International Covenant on Economic, Social and Cultural Rights, 1966; the International Covenant on Civil and Political Rights, 1966; the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950; the Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1954; the European Social Charter, 1965; the American Convention on Human Rights, 1978; and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, 1988.

The complainants formerly lived and worked for gain as small-scale miners, traders, peasant farmers and livestock keepers at Nyabigena and Nyabirama areas and the surrounding villages of Kerende, Kewanja, Nyamwaga, Genkuru and Nyangoto. Villagers from these villages discovered gold deposits at Nyabigena and Nyabirama in 1987. On February 1, 1988 the gold deposits were divided into five mining claims which were allocated by the Ministry of Energy and Minerals to the five villages. Between February 1988 and May 1991, the five villages completed the mining rights application processes and were granted claim titles. Having been granted mineral rights over the five claims, the five villages then sub-granted mining rights to the villagers who started small-scale gold mining operations. However, on August 30, 1996, former minister Shija granted mining licenses to East Africa Gold Mines and Afrika Mashariki with respect to the same areas. The Nyabigena license entitled the companies to an area of 0.42 square kilometers but, significantly, excluded all the claim areas that had been granted to the five villages and to individual claim holders.

Armed with the two licenses, EAGM/Afrika Mashariki with the assistance of former minister Shija and Commissioner Mwakalukwa took over the two areas in 1996 promising to pay the villagers compensation for their losses. By the year 2001, the complainants and thousands of other residents and affected persons had tired of waiting for compensation that was not forthcoming. They thus began to openly challenge the rights exercised by EAGM/Afrika Mashariki at Nyabigena and Nyabirama sites and reoccupying their lands and properties. Thus on July 7, 2001, the Tarime District Council called a Full Council meeting and invited DC Mabiti to respond to concerns about the growing crisis involving the thousands of villagers and EAGM/Afrika Mashariki. At the Full Council meeting, DC Mabiti threw his weight behind the villagers` demands for compensation. The minutes of the Full Council meeting in LEAT`s possession record DC Mabiti as saying that “he cannot remove any resident from his property/land without first paying (compensation) for the rights due to him/her. Following the Full Council meeting, DC Mabiti called public meetings in the five villages where he called upon the thousands of villagers to return to their settlements, mining sites, agricultural and grazing lands and to continue with their economic activities until such time as EAGM/Afrika Mashariki effects payment of compensation to them.

The reoccupations of the Nyabigena and Nyabirama areas would, however, not last for long. Under pressure, presumably from higher authorities, on August 2, 2001, DC Mabiti returned to the Nyabigena and Nyabirama areas and, in a public meeting, called on the villagers to vacate the areas with immediate effect! The villagers resisted this order, reminding DC Mabiti of his previous statements and promises to support their lawful and legitimate demands for compensation. Four days later, a heavily armed FFU squadron invaded the villages and, after four days of fighting, violently drove the villagers out of Nyabigena and Nyabirama. Hundreds of villagers including village leaders were arrested and jailed. At least one villager is known to have been shot and wounded paramilitary forces. Once resinstated, EAGM/Afrika Mashariki went to build the Afrika Mashariki Gold Mine that opened in November 2002. Three weeks ago EAGM/Afrika Mashariki`s Australian investors sold the Mine to Placer Dome for US$ 252 million.

LEAT and the complainants urge the Human Rights Commission to investigate the complaint by opening an inquiry and instituting proceedings by holding public hearings. After investigating the complaint, the Commission is asked to make findings of fact that the villagers` legal and constitutional rights, freedoms and duties were abrogated by the persons complained against. The Commission is also asked to make a finding of fact that the persons named in the complaint are also in violation of the norms of legality and good governance that are at the heart of Tanzania`s constitutional order. In addition, the Commission is asked to make an order requiring EAGM/Afrika Mashariki and Placer Dome to pay the complainants fair, just and reasonable compensation as required under the 1979 Act, the 1998 Act, the Constitution and in international human rights law and standards elaborated in the complaint. Such fair and reasonable compensation should take account of the considerable hardships the complainants have been put through since their illegal evictions in 1996 and 2001; as well as any interest that may have accrued on the compensation sum since that time.

Furthermore the Commission is asked to make an order requiring Minister Yona to suspend or cancel any mineral rights that were granted to EAGM/Afrika Mashariki until such time as the violations of the 1979 Act, 1998 Act, the Constitution and international human rights law and of the fundamental rights and freedoms of the villagers have been stopped and any injury or loss caused as a result of the said violations has been recompensed in accordance with the law. The Commission is further asked to make an order requiring Minister Yona to review afresh the agreement with EAGM/Afrika Mashariki regarding the payment of royalties, taxes and other charges with a view to increasing the amount that EAGM/Afrika Mashariki ought to pay that is more beneficial to the government, the villagers and the people of Tanzania in general.

The Commission is also asked to make an order requiring Minister Yona to review and to cause to be amended or repealed various financial and investment laws that have granted complete control of the country`s mineral wealth to foreign mining companies and that offer such companies guarantees against meaningful taxation, expropriation and profit and capital transfer. Finally, the Commission is called upon to recommend to President Benjamin Mkapa to exercise his powers under Article 36 of the Constitution to remove from public office all officials named in the complaint for their complicity in the abrogation of the law and of the complainants` fundamental rights and freedoms and the dereliction of their legal and constitutional duties.

For more information contact:
Rugemeleza A.K. Nshala
Executive Director

Lawyers' Environmental Action Team (LEAT)
Mazingira House, Mazingira Street, Mikocheni Area.
P. O. Box 12605, Dar es Salaam, Tanzania.
Tel/Fax: 255 22 2780859
E-mail: leat@mediapost.co.tz
Website: http://www.leat.or.tz

Related links:
The full text of LEAT's complaint to the Commission for Human Rights and Good Governance is available in Adobe PDF format (150KB) and Microsoft Word format (230KB).