Save Mererani Miners, Avert Another Bulyanhulu!

Dar es Salaam, Monday, October 6, 2003

APPEAL TO THE PEOPLE OF TANZANIA AND THE WORLD

The Government of Tanzania is planning a massive operation to forcibly remove thousands of artisanal miners, traders and residents from the Mererani area of Manyara Region. Mererani is the only place in the entire world where tanzanite gemstones are mined and has for many years been the site of a bitter conflict between the artisanal miners and a South African-owned company, AFGEM. Once again, the Government has clearly shown that it is beholden to foreign mining interests and would do anything, including the use of armed force against its people, in order to protect the interests of foreign mining investors.

The Mererani area, as indeed the entire Arusha Region before it was split into two in 2002, had been legally set aside for small scale tanzanite miners ever since January 1980 when the then Minister for Energy and Minerals Al-Noor Kassum declared Arusha Region as a designated area for tanzanite mining under section 69 of the Mining Act, 1979 then in force. The area's legal status was reiterated again and again by ministers Jackson Makweta in December 1982, Paul Bomani in January 1984 and Al-Noor Kassum in July 1988. The last exercise of ministerial powers under section 69 which was carried out by former Minister William Shija in June 1996 also did not affect the legal status of Mererani as a designated area for small scale miners.

In spite of this clear legal position, the Government of Tanzania granted mining rights to an AFGEM subsidiary in 1992. Since then there has been an often violent conflict between the artisanal miners and AFGEM in which several miners have been shot dead or grievously wounded by AFGEM's private security guards using dogs. A commission of inquiry appointed by the Government in March 2002 and headed by the former Chief of the Tanzanian Defence Forces General Robert Mboma recommended that "it would be very wise to let artisanal miners to mine (tanzanite) … in order for them to be empowered economically rather than granting (the mining rights) to big foreign investors."

Rather than implement the recommendations of the Mboma Commission, the Government of Tanzania appears to have decided to get rid of the artisanal miners. Firstly, it promulgated a law making the Mererani area a controlled area. Only persons with identity cards issued by the Commissioner for Minerals would be allowed to live and work in the area. Of the estimated 120,000 residents of the Mererani Controlled Area, only 6,000 have been issued with identity cards thus far. The exercise has now been stopped pending the completion of the operation to remove all those who are without identity cards, who are now pejoratively described as vagrants and loiterers!

We are now informed that the Government of Tanzania has set aside some Tanzania shillings 175 million to finance the removal operation. Ordinary Police and Field Force Units are being prepared with police dogs, troop transport vehicles, fencing materials from South Africa and a mobile court of law that will be used against all those found without identity cards.

We are concerned that the use of force against the miners will lead to human rights abuses including loss of life. The record of the Government of Tanzania in this regard is abysmal, with widespread killings reported when hundreds of thousands of artisanal miners were expelled from the Bulyanhulu area in August 1996 and in Tarime in August 2001. It is an almost foregone conclusion that no compensation will be paid to all those who will be forcibly evicted from the area. Again the record of the Government in this regard is abhorrent.

We appeal to the people of Tanzania to oppose this illegal move. Too many citizens of Tanzania have had their lives and livelihoods destroyed or expropriated in favour of foreign mining interests. It is past time the people of this country demanded a stop to these barbaric acts against our people.

We also appeal to all people of goodwill outside Tanzania and the international community to demand that the Government of Tanzania stop these acts. Forcible evictions are prohibited under international law and the relevant instruments and resolutions of the United Nations. The international community must demand of the Tanzanian Government to respect international human rights law.

We ask all friends of Tanzania to contact their governments and Tanzania's diplomatic missions in their countries and raise these concerns. We also ask all to send faxes or protest letters to the following Tanzanian authorities:

1. His Excellency, President Benjamin W. Mkapa, State House, Dar es Salaam, Fax# +255-22-211-3425.
2. Hon. Jakaya M. Kikwete, Minister of Foreign Affairs and International Cooperation, Dar es Salaam, Fax# +255-22-211-6600
3. Hon. Daniel N. Yona, Minister for Energy and Minerals, Dar es Salaam fax# +255-22-211-6719, 232001.
4. Hon. Ramadhani Mapuri, Minister for Home Affairs, Dar es Salaam, fax# +255-22-211-3613
5. Hon. Andrew Chenge, the Attorney General, Dar es Salaam, fax# +255-22-211-3236.

This appeal has been signed this 6th day of October 2003 by and on behalf of following organizations:

1. Lawyers' Environmental Action Team (LEAT)
2. Tanzania Mine Workers Development Organization (TMWDO)
3. Mushi Ngao, a Mererani Village Elder
4. Mama Rose Justo, Mererani Village Elder