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''' The Legal Protection of the Small Scale Miners in Tanzania. A Critical Analysis of the Mining Act, 2010: A Case Study of Geita District, Mwanza. ''' A dissertation Proposal in partial fulfillment of the requirements for the award of the degree of Bachelor of Laws of St. Augustine University of Tanzania.

By Heri Emmanuel

The Mining Act, 2010 was enacted by the Tanzania National Assembly as a response to the challenges faced and experience gained during the period of twelve years of the implementation of the Mining Act. Cap 123 which was enacted in the year 1998. Among those challenges are low integration of mineral sector and other sectors of economy, low contribution to the Gross Domestic Product (GDP) of the mineral sector as compared to its growth, low capacity of the government to administer the sector and the protection of small scale miners. The issue on protection, mainly legal protection of small scale miners dates back to various past and ongoing conflicts between small scale miners and the large scale miners or the government itself; such as the 1996 forceful eviction of small scale miners in Bulyanhulu by Barrick, the Geita Gold Mine reallocation and the ongoing complaints by small scale miners and surrounding villagers, the 2001 Mererani conflict between AFGEM and small scale miners, small scale miners conflict versus Tom Mines in Mahenge and the ongoing unrest at the North Mara Barrick Gold Mine. The main source of these conflicts is said to be; unclear land and mining rights, and conceptual differences in how land and mining rights are perceived, contribute to considerate conflict in the country and to a feeling among both local people and human rights advocacy groups that the government has betrayed ordinary people. 1.2	Statement of the Problem It has been revealed that, the prolonging complaints of small scale miners and villagers in Geita as against Geita Gold Mine, the ongoing unrest and turmoil state in Nyamongo, the hosting village of the North Mara Barrick Gold Mine are clear symptoms of the failure of the new mining law to safeguard and legally protect the rights of the small scale miners around Geita District. Therefore, the researcher is of the view that the Mining Act, 2010 has shortfalls and weaknesses on the legal protection to the small scale miners as far as the Constitution of the United Republic of Tanzania (1977), other related laws of the land and various international instruments are concerned on the rights to natural resources and property ownership. The research will therefore, critically analyze how far the Mining Act, 2010 legally protects the small scale miners. 1.3	Objectives of the Study This research shall have two main objectives, categorized into general and specific objectives as hereunder stated: 1.3.1	General Objective The general objective of the research is to critically analyze the legal protection offered to small scale miners under the Mining Act, 2010. 1.3.2	Specific Objectives The specific objectives of this research are; •	To assess the effectiveness of the Mining Act, 2010. •	To examine whether the small scale miners are aware of the Mining Act, 2010. •	To examine the actual implementation of the provisions of the Mining Act, 2010 on the protection for the small scale miners. •	To search for possible causes of the ongoing unrests despite the enactment of the new Mining Act, 2010. •	To examine whether the provisions of the Mining Act, 2010 on protection of small scale miners are realistic. 1.4	Research Questions •	To what extent does the Mining Act, 2010 protect the small scale miners? •	Whether its provisions on protection of small scale miners are realistic. •	What are the possible causes of the ongoing unrests, chaos and complaints around the mining fields? •	Does the Mining Act, 2010 meet the needs of the small scale miners? •	Do the small scale miners know the Mining Act, 2010? 1.5	Scope of the Study The researcher’s intention is to conduct the research throughout the United Republic of Tanzania but with shortcomings such as time limitation, inadequate resources including financial constrains the research will be limited to Geita District in Mwanza City which stand as a case study. Since there is a large number of small scale miners and they are scattered; this research will be covering the specific areas with small scale miners; Nyarugusu, Katoma and Nyamalembo villages. 1.6	Significance of the Study This research will help to draw attention of the government, stakeholders in mining activities, the small scale miners and the public at large on the provisions of the Mining Act, 2010 on the protection of small scale miners; as in to what extent, its effectiveness, its reality, its applicability and whether it provides for answers on the ongoing problems, chaos and unrest facing the small scale miners. Nevertheless, this research will also help raise awareness of the Mining Act, 2010 to the small scale miners and the entire public at large. Also, it can be useful to other researchers as a literature review for their research in the future time. 1.7	Research Methodology In this research, the researcher will use the following research methodologies; 1.7.1	Research Design In his research the researcher will use both qualitative and investigative approach respectively in gathering and presenting information gathered from the field in relation to the research subject and the topic thereto. 1.7.2	Sampling Design In his research, the researcher will use purposive sampling technique basing on the fact that, specific group of people will be giving information and this will include small scale miners, villagers, government officials responsible for mining sector and other stakeholders in the mining sector. 1.7.3	Data Collection In his research, the researcher will employ respectively Interviews, Questionnaires and Observation as primary sources of data collection and Documentary Review as a secondary source of data collection in the entire process of obtaining relevant information for the research; as described hereunder; 1.7.3.1	Interviews The researcher (interviewer) will ask questions the respondents (interviewees) whereas the interviewer and the interviewee will discuss the problem sought in the research. The researcher will ask different questions related to the study in order to obtain data for the purposes of the study, the interviewee will provide the answers for the question asked. These interviews will be conducted to small scale miners, villagers, government officials responsible for mining sector and other stakeholders in the mining sector. 1.7.3.2	Questionnaires. The researcher will supply structured questionnaires to the respondents whereby they will be required to respond on them. The respondents will be small scale miners, villagers, government officials responsible for mining sector and other stakeholders in the mining sector. 1.7.3.3	Observation. The researcher in his research will make a tangible observation of the actual implementations of the provisions of the Mining Act, 2010 as on the legal protection of small scale miners. The researcher will go further to observe the conducts of the small scale miners vis-à-vis the government and come out with what could be the loopholes as the research topic suggest. 1.7.3.4	Documentary Review In the course of undertaking data collection for obtaining required information for his research, the researcher will consult various documents. This will include publications, reports, journals, articles, books, research reports, databases and other of the like, in concurrence with the research topic. 1.7.4	Data Analysis The data for this research will be analyzed through the following process; 1.7.4.1	Qualitative Approach The researcher will employ a quick impressionist summary technique; involving summarizing key findings, explanation, interpretation and conclusion; since the study in focused on a problem that require urgent solution. 1.8	Literature Review Different writers and researchers have written and published several writings in relation to the researcher’s topic. In his research, the researcher will consult the following publications as literature review; In the Chr. Michelsen Institute Report (2008) by Siri Lange on Land Tenure and Mining in Tanzania, it was contended that the main challenge with the current legislations is that there was little or no coordination between the lawmakers at the time when the land and mining laws were drafted. The laws are not clear as on the land ownership vis-à-vis the right to minerals, for in accordance with land laws, there are two types of land ownership; granted right and customary right of occupancy. Most of the small scale miners are under customary right of occupancy. This difference is amongst other things, the core source of conflicts. Also, the 2001 Presidential Commission of Inquiry for the Mererani conflict report suggested that the main source of the conflicts stands to be the act of the government to evict small scale miners from their land for the purpose of giving it to investors (large scale miners) with small or sometimes no compensation at all, while they claim to be the one who discovered the mineral deposits. This also is a direct implication of failure of the Mining Act, 2010 to protect the small scale miners. Therefore, this research is going to come up with the unrevealed weaknesses of the Mining Act, 2010 as far as the legal protection of the small scale miners is concerned. 1.9	Research Plan No.	Duration	Activity 1.	July 15th to 1st September 2011	Data collection (field research). 2.	September 6th to February 14th 2012	Data analysis, processing, writing research report. 3.	February 16th to March 16th 2012	Research report submission (first draft). 4.	April 1st to April 30th 2012	Research report submission (second draft) in case of corrections. 1.10	Research Cost Analysis No.	Items 	Quantity	Costs (TZS) 1.	Stationeries; typesetting, printing, binding, flash disk, pens, notebooks, 	As a need arise	100,000.00 2.	Transport costs	Mwanza – Geita severally; Around Geita severally. Around Mwanza severally. 100,000.00 3.	Meals and Accommodation	Six (6) weeks	150,000.00 4.	Miscellaneous 	Approximation	50,000.00 5.	Total 		400,000.00 6.	Contingency 	10% of total	40,000.00 Grand Total		440,000.00 BIBLIOGRAPHY Chr. Michelsen Institute Report (2008) by Siri Lange on Land Tenure and Mining in Tanzania; Printed in Bergen Norway. Chr. Michelsen Institute Report (2006) by Siri Lange on Benefit streams from mining in Tanzania: Case studies from Geita and Mererani. In cooperation with ESRF. Fimbo, G.M. (2004). Land law reforms in Tanzania. University of Dar es Salaam Press, Dar es Salaam. The report of the Committee to Establish a Source of Conflict between AFGEM Company and Small Scale Miners at Mererani Mine, 2002. United Nations General Assembly Resolution 1803 (XVII) of 14 December 1962; Permanent Sovereignty over Natural Resources.