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Complaint relating to Violations of Fundamental Rights and Duties arising from Forced Evictions of Artisanal Miners from Afrika Mashariki Gold Mine, Tarime

Country/Territory
Tanzania, Un. Rep. of
Type of court
National - higher court
Date
Nov 24, 2003
Source
UNEP, InforMEA
Court name
Commission for Human Rights and Good Governance of Tanzania
Seat of court
Dar es Salaam
Judge
Kisanga
Reference number
Complaint No 127/2003/2004/ MADINI
Language
English
Subject
Mineral resources
Keyword
Mining
Abstract
This interim order related to a complaint to the Commission for Human Rights and Good Governance about the alleged eviction of small scale miners from their mines to make way for the development of the Bulyanhulu mine. According to the complainants, without the proper license and in violation of national and international law, the Tanzanian government and a mining company were alleged to have taken control of the mine sites. The small-scale miners as well as peasant farmers and landowners of the area in question complained about violation of their rights as guaranteed in the Mining Act, 1979, the Mining Act, 1998, the Constitution and international law and internationally accepted human rights norms and standards. While it was still conducting its investigation in relation to the said matter, the Commission had received information from the complainants that the state authorities in charge had carried out a campaign intended to force the above mentioned complainants to accept inadequate compensation for the loss of the mines. Furthermore the authorities were alleged to have threatened to imprison all complainants who had rejected the compensation as offered by the mining company, who was carrying out mining operations in the disputed area. Due to the fact that the said matter was still pending before the Commission, the Commission made an interim order to the respondents to refrain from doing any act on the said disputed area until the final determination of the complaint.
Full text
hrc.tarime.injunction.pdf

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