human rights and the governance of natural resources … · “state of human rights in tanzania in...
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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
• 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
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
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.
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