Tanzania is a relatively new mining country. What has been the impact of mining on local communities? This study, by Chr. Michelsen Institute, argues that unclear land and mining rights, and conceptual differences in how land and mining rights are perceived, contribute to conflict in the country. There is a feeling among both communities and human rights groups that the government has betrayed ordinary people. The article initially outlines land legislation and mining policy in Tanzania. It then presents examples of recent conflicts, government initiatives to resolve them, and existing consultation and conciliation mechanisms that can be used.
Tanzania’s mineral policy and the Mining Act came into force in the late 1990s and favour large mining companies. Many companies observe small-scale miners to identify new mining areas. This strategy is an important factor behind the fact that the majority of large mines in the country have experienced conflicts with small-scale miners and/or local communities in the last decade.
There are a number of reasons for conflicts:
- The Mining Act states that landholders are supposed to give their written consent before a mining company can establish itself, but that, if such consent is withheld “unreasonably”, this provision in the act “shall be dispensed with”.
- Once a concession has been granted, lawful occupiers of land are not allowed to erect buildings or other structures in the area “without the consent of the registered holder of the Mineral Rights concerned”.
- Corruption among senior officials both in local authorities and in the Ministry of Energy and Minerals is allegedly widespread.
Since colonial times, there has been no private ownership of land in Tanzania. Individuals have rights to land, but ownership is vested in the President. People with land rights are supposed to be compensated for the investment they have done on the land. This has proved problematic because:
- neither customary land tenure or village ownership of land is surveyed or registered, and villagers lack knowledge about the laws;
- the mining act only presupposes consent from people who have registered their land tenure. As there are only four offices for land registration in the whole country, ordinary people are rarely able to formalise their land rights; and
- when conflicts do arise, villagers often find the court system too inaccessible and expensive.
There is little reason for optimism when it comes to reducing mining related conflicts. However, some laudable initiatives have been taken.
- The Mwadui/Williamson diamond mine has initiated a project where small-scale miners are allowed on the concession under certain conditions. Geita Gold Mine, Kahama mining and others have started projects where local communities get help to start production of food supplies for the mines. For people who have been relocated due to the mines, such initiatives can help them secure a better livelihood.
- For small-scale miners, this may not be an option because either they don’t have suitable land, or because the income from farming would be too small compared to what they used to earn from mining. For this group, the only acceptable solution would be that the government set aside mining areas earmarked for small-scale miners.
