Human Rights and the Governance of Natural Resources 23rd February, 2015

“State of Human Rights in Tanzania in Relation to the governance of natural Resources”

The URT is endowed with abundant natural resources such as;

• Minerals • Wildlife • Forestry • Fisheries • Oil & Gas

Introduction

∗ The Constitution of United Republic of Tanzania, 1977 vests responsibility to every citizen to protect NRs

27.-(1) Every person has the duty to protect the natural resources of the United Republic, the property of the state authority, all property collectively owned by the people, and also to respect another person’s property

Cont…

∗ . For example, the National Forest Policy states: The ownership of land and natural resources, access and the right to use them are of fundamental importance, not only for more balanced and equitable development, but also to the level of care accorded to the environment. It is only when people can satisfy their needs, have control of the resource base as well as have secure land tenure that long-term objectives of environment protection can be satisfied (MNRT, 1998a).

Contd…

• Extra-Judicial Killings • Land Grabbing • Ruthless Evictions • Pollution • Lack of FPIC “Free Prior Informed Consent” • Corporate Social Responsibility • Limitation to Access Justice • Torture • Arbitrary Fines and Penalties

HR – Violation in Areas with NR

Killings perpetrated by Police Force, Soldiers, Militia

men and Private Security guards, game scouts (rangers)

Killings happening in Mining Site e.g North Mara (Acacia

Mining Company) formerly (ABG)

Killings in National Parks, Game Reserves e.g in 2013 a

number of People killed during “Operation Tokomeza

Ujangili” (Anti-Poaching operation)

Extra-Judicial Killings

Trend of Extra-Judicial Killings Year Number of People Killed

1 2014 16

2 2013 23 (8 were killed in Operation Tokomeza Ujangili)

3 2012 24

4 2011 25

5 2010 52 people 10 out of 52 North Mara

Name of Victim Place Alleged Violation

Ng’onja, Ng’onya Kipana na Mswaya Karani

Osteti Village Kiteto District The victims were searched in humiliating manner and some were taken to unknown places for allegations of dealing in elephant tasks.

Ali Nyege Iputi Ward Ulanga District Was stripped naked, poured on salted water and canned in front of his 11 year old son. He was also made to curve a python on his thigh using a razor blade.

Neema Moses Babati District Was stripped naked and forced to have carnal knowledge with her in-law A

Torture: Case Study during Operation Tokomeza

A woman Iputi ward Ulanga District Raped by two Soldiers

A woman Matongo Ward, Bariadi District

Raped by three officers at gun point

Abdallah Pata and Flora Mwarabu

Iputi ward Ulanga District Was forcefully searched in the absence of any witness

Elias Cosmas Kibuga Gallapo Babati District The accused were searched in the absence of any witness.

Peter Samweli Sakasaka Meatu District Was tortured while naked by being hanged upside-down. He was also beaten by pieces of still. He was as well forced to have a carnal knowledge with a tree.

Citizens Iputi ward Ulanga District Were robbed off a case with 750,000/= Tshs and a mobile phone

Musa Masanja Sakasaka ward Meatu District

Was robbed off his 300,000/= Tshs and a mobile phone.

Cont…

Samson Shimula Kasulu Kigoma His 1700 cattle herds were caught in game reserve and was fined to pay 30,000,000/= Tshs. He bargained and get a discount to pay only 12,000,000/= Tshs but was able to pay only 10,000,000/=Tshs. He was given a receipt stating that he only paid 1,000,000/= Tshs without stating what the payment was for neither the name nor title of the person who received the money.

Sita Rumaka Itilima Village His hand was broken following the beatings he received from the officers.

Peter Samweli Ndekija Sakasaka Meatu Was beaten and badly injured in his back

Munanka Machumbe (Hearing impairement)

Ulanga Was injured in his leg by three live bullets fired by the officers when he questioned the officers who were interrogating and torturing his father. He was left with his private parts totally destroyed.

Sheikh Ali Mohamedi (District Muslim Leader)

Ulanga District Was canned and forced to squat

Nyasongo Magoro Majimoto Mlele District Was humiliated in front of all the villagers

Elias Cosmas Kibuga Galapo Babati District Was accused of illegal possession of firearm and a giraffe tail

Zuhura Ali Galapo Babati District Was tortured for allegations of possessing a firearm, which was never found

Melkzedeck Abraham Sarakikya

Itigi - Singida Was tortured for allegations of possessing a firearm which was not found

Kipara Issa Kaliua Was taken form his home, tortured later his bound found dead

Emilia Gasper Maro Galapo Babati District Was taken form her home, tortured later his bound found dead

Wagesa Kirigiti Remagwe Village - Serengeti

Was taken form his home, tortured later his bound found dead

Peter Maseya Mtiro village Was taken form his home, tortured later his bound found dead

Mohamed Buto Masasi Was taken form his home, tortured later his bound found dead

Gervas Nzoya Kasulu Was taken form his home, tortured later his bound found dead

Coffins were just dumped alongside the road near deceased’s villages-

Tarime 2010

• Mtwara Region to South-Eastern; is endowed with Natural Gas and in the near future Oil

• The government implements projects without proper consultation and participation of citizens

• In 2013 citizens went on strike resisting projects that intended not to benefit them

• People were tortured and a one pregnant woman was killed by police

• Followers of the Civic United Front (CUF) were arrested and tortured

• Political rallies and meetings were banned since May, 2013 to October , 2014

Torture: Mtwara chaos 2013

CUF – Political Party followers

Inhuman Eviction in Bulyanhulu in 1996 – People were buried alive

Regular evictions in North Mara (Nyamwage and Nyangoto Villages)

Loliondo Eviction in 1999 and recently, 2015 Nyamuma Evictions (Serengeti National Park) Eviction in Nkale Forest Reserve – Handeni District several

houses were demolished and set into fire Eviction in Ihefu and Kilombero Valleys for Conservation

purposes (Ramsar Convention on wetlands) Bahi and Namtumbo people are evicted withouth

compensation,

Evictions

Eviction of Pastoralists in Ngaiti, Kiduhi and Parakuiyo in Kilosa District during Operation Tokomeza Ujangili

Evictions

Communities around Gold Mining are faced with a challenge of water pollution

North Mara: Acacia Gold Mine Caused Water Pollution in 2008

Geita Gold Mining, 2009 Kakola Gold Mine 2014 (It is very recent case whereby

the NEMC and LHRC have conducted EIA) Williamson and El-Hilary Phantom Diamonds pollutes

water in Maganzao – Kishapu District Sunshine Gold Mining - Chunya

Water Pollution and Contamination

Villagers near ABG operations washing their clothes near a dam left after mining operations.

Portion of grass and land affected by water that flew from Gokona pit to the water sources of the villages surrounding ABG operations

A group of residents of Nyamongo villages who volunteered to be tested for Arsenic and other heavy metals in their bodies after the sampling exercise outside and away from ABG operations.

Residents near the ABG gold mine picking small stones from the waste rocks for earning a living

Paul Baita aged at 13 years a resident of Nkerege

Poisonous water from Gokona Pit at ABG gold mine in North Mara Tarime

A cross section of an environment near Gokona pit at ABG in North Mara being affected after the spillage of poisonous chemicals to local natural water sources.

Some of the livestock drinking water from the pit that is believed to be contaminated with heavy metals at one of the ABG mines at North Mara

Mwikwabe Mwita Waigama a resident at Nyangoto village near ABG operations being affected by contaminated water (Passed away 2013)

A lady fetching water for her domestic purpose sharing with the livestock at one of the villages near the mining operation

Water Pollution in CHUNYA district by SUNSHINE Chinese Mining Company Based in CHUNYA District………………NEMC in 2014 took action against them but unfortunately the company continued with their activities

Limited Access To Justice - Tanzania The victims of Water Pollution in North Mara filled a Case at High Court of Tanzania Mwanza Registry; The Case is still pending to Court since 2008 no any progress BUT………… A Case filled in London by Leigh Day on behalf of relatives of Extra-Judicial Killings that happened in 2010 in North Mara; The Acacia Gold Mining have agreed to settle out of court and the victims will be compensated accordingly

Arbitrary Fines and Penalties

Communities around National Parks, WMA and Game Reserves, particular Pastoralists are regularly fined arbitrarily and some of them get loss as their livestock are shot by game scouts and rangers For. Instance; •Pastoralists along Mikumi National Park •Makao WMA, WAMI-MBIKI, JUKUMU SOCIETY and MBOMIPA •Selous Game Reserves

Regular Land Conflicts

Communities that live around areas with Natural Resources are faced with a challenge of regular land conflicts with different authorities; For instance •TANAPA against villagers in Loliondo •WMA “Makao” in Meatu •MIKUMI National Park and Villagers from Kiduhi, Ngaiti and Twatwatwa •Mvuha Ward in Morogoro against Selous Game Reserve (JUKUMU SOCIETY – WMA)

Child Labour It is indeed in small scale mining activities children are engaged to work in mining areas; However, ILO and CSO have played a greater role to reduce the magnitude of child labour in mining areas

HUMAN RIGHTS AND BUSINESS There is no National Action Plan on Implementing the UN Guiding Principles on HRB, 2011 As the Result; •There is little Participation of Local Communities in Harnessing Natural Resources in the Country; Even the Parliament does not review contracts on Natural Resources especially in Mining Sector •There is violation of Labour Rights •Environmental Destruction •Non-respect to Conduct EIA or SIA; •Limited Non-Judicial Remedies to conflicts

Thanks for Listening