PRESS RELEASE

ALLEGATIONS OF DEATHS IN MINE PITS AT THE BULYANHULU GOLD MINES, SHINYANGA REGION

The Police Force has issued a statement stating that there is no sufficient evidence to substantiate the allegations that have been, and continue to be, reported in the press concerning the deaths of small-scale gold miners at the Bulyanhulu mines in Kahama District, Shinyanga Region. The statement issued today by the Police Force Headquarters states that in the Mtanzania and Majira newspapers of August 14, 1996 it was reported that deaths occurred after people were buried inside the Bulyanhulu gold pits in the course of the operation to remove the artisanal miners and the filling up of the pits.

According to the Mtanzania newspaper issue #241 of August 13, 1996, it was alleged that the number of the dead had reached 52. It was alleged that those who died by being buried alive included 6 people who were inside pit #235C the property of Mr. Samsoni Yatobanga; 8 who were in pit #218C the property of Mr. Hamad Kamuli; and 6 in pit #86C the property of Mr. Nyembe Msobi. Three others allegedly died inside pit#126C, the property of Mr. Nassoro Ally and 12 people in a pit belonging to Mr. Gaga Machamu. In addition, another daily newspaper, Majira of the same day August 13, 1996 reported that the number of the dead miners was 23. These died by being buried alive in pits #168C the property of Mr. Kamuli (8 people); pit #86C the property of Mr. Nyembe Msobi (6 people) and pit #126C the property of Mr. Nassoro Ally (3 people).

The Mtanzania newspaper claimed that it received information for its report from the chairman of the small-scale gold miners' (committee), Mr. Maganga (sic!) Maalimu Kadau while Majira cited Mr. Herry (sic!) Lyimo, Chairman of FEMATA (i.e. Federation of Miners' Associations of Tanzania) as the source for its information. According to careful and thorough investigation carried out by the police force, the following matters have become clear as regards the disputed events.

It is true that there were 200,000 small-scale miners at the Bulyanhulu gold mines who were operating irregularly without having first acquired prospecting or mining licenses. The miners, all of them Tanzanians, came from Shinyanga, Mwanza and Kagera regions, with only a few from other regions. Only a few of them started operating from this area in 1975 by stealing (alluvial) sands at night, but their numbers rose sharply when they started to operate openly in 1992 until their removal. There were statements from some government leaders who visited this area and told the miners that the government had permitted their activities and that they should form a small-scale miners committee. Under this type of mining, there were no known procedures to enable the government to collect taxes hence it created wide loopholes for the smuggling of gold outside the country thereby leaving the nation empty-handed and without any benefits. Even though there were some government leaders who permitted small-scale miners to operate in this area, this permission did not take account of the regulations and procedures under the mining legislation of 1979. In reality this area had been under exploration by the government before the residents of the area/areas surrounding the mines began to operate. The area was the property of the State Mining Corporation (STAMICO) and it is this corporation that was undertaking the exploration work.

Between 1983-1984, STAMICO owned the area as a joint venture with a Finnish company called Kone Oy Outo Kompu(sic!). After Kone Oy Outo Kompu left, STAMICO entered into another joint venture with a Canadian company called Placer Dome. When that company also left the country, the government issued a prospecting license to the current owners, Kahama Mining Corporation Ltd. The government issued that prospecting license Number 216/94 under section 28 of the Mining Act 1979. The license was issued on 6/9/1994.

Although Kahama Mining Corporation had license to operate in the area since 1994, it was unable to operate effectively because almost its entire concession area had been invaded by the small-scale miners who were forcibly resisting to vacate the area. As a result on 30/7/1996, the Government ordered the miners to leave the area immediately within one-month. The operation to remove the miners started on 31/7/1996 under the supervision of officials from the Department of Mines in collaboration with the security forces under the command of the Shinyanga Regional Police Commander (RPC) to ensure the maintenance of peace. The miners heeded this called and nearly all of them left with their belongings and no force was used by any state organ. When leaving, they removed the roofs, doors and windows from their houses. Those who had thatched houses set them on fire before leaving.

After the radio broadcast on 3/8/1996 that the High Court of Tanzania had ordered the miners to continue operating in the gold mines until their lawsuits were determined, many miners returned and started to mine for gold again. This order of the High Court of Tanzania at Tabora is the source of all that happened later on that made the miners feel that the government was now victimizing them. Nevertheless, the government through the Shinyanga Regional Commissioner directed the miners to leave the area as they had been told to. The miners unwillingly left. Right now nearly all of them have left and no force was used by any state organ.

The allegations that 52 people died by being buried in the Bulyanhulu mines during that operation have thus far not been substantiated as they have been made by people who did not have first hand information for the following fundamental reasons. The (first) source of the information, the Chairman of the Small-scale Miners Committee, Mr. Maalimu Kadau was not in the operational area from the day the operation started on 30/7/1996 until 14/8/1996 when he went together with police officers from the headquarters of the Criminal Investigations Department. In his statement he claims that the reports were given to him by certain members of his committee while in Kahama Town. Even when officers from the Criminal Investigations Department visited the operational area they could not find him because he was still in Kahama Town. Chairman Manga (sic!) Maalimu Kadau's evidence is (therefore) based on hearsay and does not have any substance.

(The information that) some of the pits that were claimed by that Chairman to contain buried people is not correct for the following reasons: (The information that) Pit number 86C, the property of Mr. Nyembe Nsobi in which it was alleged six people were buried during the operation is not correct. The truth is that on 28/7/1996 even before the operation began, there was a cave-in in that pit in which 5 people were trapped but one of them was rescued whereas it was not possible to rescue the rest. This incident occurred before the operation started. When the owner of that pit Mr. Nyembe Nsobi was requested to be present during the exhumation of that pit he disappeared.

Investigation in respect of pit number 36C, the property of Mr. James Nyahinga, in which it was alleged that one person had been buried revealed that in nearby pit one person went in at the time of the MV Bukoba accident and he failed to come out after inhaling poisonous gas. Notwithstanding great efforts to exhume that pit for two days, that person was not found and no dead body of another person was found as well. Two persons were alleged to have died inside pit number 94C, the property of Mr. Henry Kisambile. After the owner of that pit was questioned concerning these reports he denied the reports and said it was not true. Mr. Kisambile explained that the people named as having died were alive and gave their names as Charles Bwanga and Madumu Hamisi.

Some of the people named by Mr. Nanga (sic!) Maalimu Kadau as the sources for his information have since denied these claims. Mr. Kadau had named Mr. Barnabas Idelya as having provided him with the information in writing about the number of the dead persons but when asked to produce that written document he failed to do so. Mr. Idelya has himself denied ever sending that report. Other people named by Mr. Kadau to have provided him with information appear to have heard from other people and (therefore) did not verify the claims. Mr. Hamad Kamuli, owner of pit number 168C claims that he received reports that eight people had been buried in his pit from a supervisor named Daudi Nuninhale who did not witness the incident. Mr. Nuninhale did not give the names of the people he claimed were buried in the pit.

Mr. Abel Balekele who claims that one person was buried in his pit number 181C says that this information was given to him by another person whose name he does not remember. He himself did not witness the incident. Mr. Nshing'wa Magesa claims that he saved four people from Mr. Samweli Isaka's pit by calling them out before the pit was bulldozed. Those who came out claimed that there were five other people who were still inside the pit. Mr. Magesa returned to his home and when he came back the following morning at around ten o'clock he found the pit had already been leveled. He believes that if these people did not come out they would have been buried inside the pit. However, Mr. Magesa does not know the names of the people concerned nor is he certain that for sure there were five people inside that pit as alleged.

In general all these allegations about the burials of people inside mine pits in Bulyanhulu as reported in Mtanzania and Majira are rumors spread by some people who perhaps wanted to spread them in order that the Government should not continue the implementation of the operation to remove the small-scale miners from the gold mines and to seal the mine pits. The claims of deliberate burials are equally untrue and are not supported (by facts). Available evidence proves this for the following reasons.

The operation to remove the miners started on 30/7/1996 by an announcement that all miners should stop all mining activities and should leave altogether from the mine areas.
All miners were informed that the operation would include the sealing of their mine pits and were required to vacate those pits immediately.
The filling of the pits started on 7/8/1996 but before the pits were filled by bulldozer, precautionary measures were taken to ensure that no person/persons were buried inside. In filling the pits there was an official from the mines department who advised on how this should be done properly. There were police officers to ensure peace, a representative from the village government and special persons who had been hired to enter into the pits to inspect whether there were people inside.

When all these people made sure there were no people inside the pit they would then report to the officials named above who would direct the operator of the bulldozer to start filling the pits. Furthermore, before the start of the exercise there was a police vehicle with a bullhorn that drove around all the mine areas that were to be leveled announcing this information to the miners. For this reason if there are people who were buried inside the pits even after the police announcements and after all the precautions had been taken, it is obvious that that person/persons have themselves to blame.

All the same up to now there is no evidence to show that there are people who were buried inside the Bulyanhulu mine shafts. Likewise there is no malice or negligence caused by ill-will, carelessness or deliberately by the executors of the operation and if there are people who believe they will get justice on the allegations of the burials during the operation they are advised to file their complaints in court. It appears, after all, that the claims to have the pits exhumed to see if people were buried inside have not been made in good faith but are intended to weaken the whole operation.

The truth shows that most of the pits are over 70 ft deep. If these pits are exhumed it will take not less than 24 hours per pit and the cost per pit would be not less than (Tanzania) shillings 500,000. Up to now not less than 250 pits have been filled, so considering the difficulty of the exercise and considering the immense costs that may accrue and without succeeding to find any person/persons who are alleged to have been buried alive, it is advised that the exercise should be discontinued. After all the allegations are not supported by available evidence and the only option is to leave those who still believe that their friends, relatives and family have been buried to exhume the pits themselves and at their own cost.

SIGNED (A.A. Mwamunyange - ACP)
For Inspector General of Police.