Fact Finding Mission Report-May, 2011 KILLINGS AROUND NORTH MARA GOLD MINE: THE HUMAN COST OF GOLD IN TANZANIA-THE SHOOTINGS OF THE FIVE Researchers: Pasience Mlowe Onesmo Olengurumwa 1 1.0 Introduction (a) Executive Summary Violations of human rights in the Mara Region in Northern Tanzania have drawn the attention of people at both National and International level. There have been reports of multiple incidents of death and casualties centering around the North Mara gold mine. Villagers living near a gold mine owned and run by Canada's Barrick Gold Corporation in Tarime District, Mara Region are demanding the immediate closure of the project, before all young men are killed. The reports began immediately after the arrival of the Barrick Gold Mine Company in the Tarime District in 2002 and the loss of life around the mine increases almost every year. This report is the summary of findings from a fact-finding mission to the villages that live around the mine. The information was gathered through interviews of local villagers in the area to gain their perspective on what has been happening around the mine. The report will give a brief history of the region, a history of the conflicts and a summary of findings from a site visitation to the North Mara region. (b) Geographical Location and Ethnic Groups The area where the North Mara mine is situated it called the Nyamongo area of the Tarime District. Tarime is a district in the Mara Region situated in North West Tanzania. Tarime District was formed in 1961 as North Mara District before it was named Tarime in 1992. It is bordered by the Republic of Kenya to the North, to the West by Rorya District and Lake Victoria, to the East by Serengeti District, and to the South by Musoma District. Tarime is divided into ecological lands, highlands and low land. The highland extends to 1500-1800m above sea level with rainfall between 1200mm-1600mm while the midlands extend to 1300-1500m above sea level with rainfall of 900mm-125mm. The main economic activities in Tarime are agriculture and livestock keeping, although many people in Tarime engage in small scale mining and small business activities. The main food agricultural crops are sweet potatoes, beans, maize, cassava and banana. The most common commercial crop found in Tarime is coffee, though recently they have introduced new commercial crops like tea and tobacco. Tarime is also famous in producing illegal crops of opium (commonly known as bangi). The main economic activities in Tarime are agriculture; pastoralism and mining activities. Tarime is very rich in gold production, and interestingly before the arrival of Barrick Company local mine artisans were in many ways benefiting from mine activities. Tarime is divided into four Divisions, 20 Wards, 73 villages and 399 sub villages. The district has a population of 334,318, 175,733 of which are female and 158,546 are male. Approximately 97% of the total population is found in the village areas. While the majority of the district contains wards and villages, the District recently also acquired a Township. Tarime Ward (kata ya mjini) was declared to be Tarime Small Township Authority by Government Notice (GN) No.353 of 17/9/2004 according to the Local Government Act No. 7of 1982. Tarime legally became a small Town in 16 /4/ 2007 after Tarime District council ratified the GN and is the major centre in Tarime District. The Tarime District has two ethnic groups, the major ethnic group being the Kurya tribesmen and the second is a small number of Jaluo clans. The Kurya tribe is further segmented into eleven clans. In the Sirari and Pemba wards (Commonly known as Mpakani) the area is populated by the clan called Wakira. The Wanyebasi clansmen are found in Nyakonga, Nyareno and Kibasuka Wards. The largest Kurya clan, called Wairege, is mainly 2 found in the Muriba, Nyanungu Nyarukoba Gorong’a and Nyamwaga Wards. The Wanyamongo clansmen are found in Kemambo and Matongo Wards while the Timbaru clansmen are found mainly in Tarime Town. Wanchari clansmen are found in Mwema and Susuma wards and their rival clan the Warechoka are found in the Mwema Ward extending to the Kurya District in Kenya. The Mwera and Hunyaga clansmen are both found in Bumera Ward. Sweta clansmen are found in Nyatondo ward and lastly Kenye clansmen are found in the Manga Ward. (c) Political Profile The governing body of the Tarime District is the District Council which has autonomy in its geographic area. The District Council coordinates all of the activities of the township authorities and village councils, which receive and are accountable to the District for all revenues received for day-to-day administration. The village and township Councils have the responsibility of formulating plans for their areas. The Tarime District has one Small Town Authority and 73 Village Councils. Tarime District is among the Districts in Tanzania where the response to Multiparty Democracy was very high when multiparty was introduced in Tanzania in 1992. There are many political parties found in Tarime including CCM, CHADEMA, NCCR-MAGEUZI, TLP AND CUF, but the most vibrant and active political parties in Tarime are CCM and CHADEMA. Since the introduction of the multiparty system, the CCM won the District’s seat as a Member of Parliament until 2005 when it was won by CHADEMA. CHADEMA held the position of Member of Parliament, and as a result head of Tarime District Council, from 2005 up to 2010 when CCM again took over. (d) North Mara Gold Mine The Barrick Gold Corporation is a leading international gold producer, with nine advanced exploration and development projects located on five continents. The Canadian mining company owns rights to vast tracts of land in multiple countries often with each holding having multiple mining operations. Africa Barrick Gold Mine, a subsidiary of Canadin Barrick Gold Corporation has its regional office in Dar es Salaam. Their primary Products consist of gold and copper, with silver as a secondary product. Africa Barrick Gold Mine wholly owns and operates three Gold Mines in Tanzania, and operates a forth with 70% ownership.1 The North Mara gold mine is located in the northwestern part of Tanzania, in the Tarime District of Mara Region, approximately 100 kilometers east of Lake Victoria and 20 kilometers south of the Kenyan border. The North Mara mine consists of three open pit deposits: the Nyabirama pit, the Gokona pit and the Gokona- Nyabigena pit. The open pits are conventional hard rock operations with drills. North Mara Gold Mine itself is surrounded by seven villages. North Mara Gold Mine is found at the middle of the following seven villages shown in the table below: No Name No Name 1 Kewanja 5 Nyakunguru 2 Kerende 6 Nyangoto 3 Genkuru 7 Matongo 1 www.tanzaniagold.com 3 4 Nyamwaga The standard of living near a gold mine is traditionally not high, and geographical location of the mine and its proximity to so many villages is worrisome. 2.0 Historical Background of the Problem Historically, the Nyamongo area where the North Mara mine is located has been inhabited by the Kurya tribe in Tarime, in particular the Kenye clan, for centuries. For centuries the area was largely involved in agriculture until gold was discovered. The local legend says that the Nyamongo area was inhabited only by an old man and his two daughters and whoever married these daughters would be a wealthy man. Therefore, men from the clan called Waracha married the two daughters and lived on that land. These men were then rewarded from the gods or spirits of the land by discovering gold within the ground and became very wealthy. Since then there has been little agriculture and members of the community have relied on small scale mining. To the people from the area, the gold belongs to the gods or spirits and they have to have regard for the spiritual influence more than geological information., From 1990’s on, the Nyamongo area started receiving investors visiting the land. Following these visitations, the area was sold to the East Africa Gold Mine and the people that lived on that area for centuries were evicted. The land in which North Mara’s 100,000 villagers lived and worked, relying on small-scale extraction of gold, was sold to investors. At present, despite a large-scale mine manned by a well-organized multinational company employing close to 2,200 people operating in the North Mara region, the local villagers live in abject poverty, suffer from diseases and endless fatal conflicts. The Contract Between North Mara Gold Mine and Villagers The original contract for the sale of the Nyamongo lands was between the government of the District of Tarime and the EAGM. The law in Tanzania in 1995 states in several Acts that when negotiating, the government must consult the villagers in the local area on the agreement. In 1995 the Nyamongo people lost their land, around 671 hectares, to the East Africa Gold Mine (EAGM) through this agreement. EAGM took farming areas and two gold sites called Nyabirama and Nyabigena. This original agreement was then transferred to later contracting parties. When the land was transferred through sale to Placerdome, Placerdome also inherited the terms of the original contract, although they claim they only inherited 450 hectares from the predecessor EAGM.2 From there the land was sold to Barrick Gold Mine and again, the contract is inherited by Barrick. The villagers claim that the original contract between EAGM and the government was concluded without adequate consultation or approval. Villagers were spoken to about the upcoming agreement, but the final document and contract was not approved by villagers and lacks consent of the majority of villagers. The villagers in the area state that they were assured that the through the contract, the company would be bound to provide health, roads, and water-supply services in the contracts entered into between the leaders and the company but neither the company nor its successors implemented them into the contract. Furthermore, the language used by EAGM was English and not Kiswahili, the 2 www.elaw.org 4 language of the majority of Tanzanians making it difficult for local villagers to read the document to be assured it is a fair agreement. The agreement that was reached involved input from very few people without the consent of the majority. In discussing the issue with villagers, it is believed that the Nyamongo land agreement was reached and the land sold by few corrupt leaders listed as; David Sasi, Marwa John and Ibrahim C. Sererya from Genkuru ward, Gorong’a, Nyamwaga (Gideon Jackob Magaga, Polycap Joseph Range Mussa Ibrahim Mangure; Joseph Mugini, Protas Marwa Mwita and Aloyce Chacha. Other parties were Robert Mwita Mititi, John Matera Mang’era and Joseph Marwa Marwa from the Kemambo ward. The said contract claims to be concluded as a joint venture with villagers but reality it was not. Not only was the contract agreed to by improper parties, but the terms of the contract have not been complied with. Under the laws of Tanzania in 1995, the only entity that can remove people from their land was the government through eviction, but only for certain purposes such as public good. Those people evicted must be compensated by the government for a fair amount of the land value. The government is the entity responsible for paying the compensation however, the agreement stated that the company, EAGM, would pay the government the compensation money to be given to the people of the region. EAGM agreed to pay compensation of 150,000/= per one square feet to any person who was deprived of land, but to date no compensation has made on the original agreement. The contract also contained terms on corporate social responsibility where the EAGM, in consideration for receiving the use of the land, was to contribute to social enterprises. The company according to the contract was to do the following: give 25% of its earnings to education services:, building a development college; and a college for the development of women. The EAGM only allocated 1% of earnings from the mine to education and has not built either educational institute. Placerdome, in its succession as owner and occupier of the lands, inherited the agreement negotiated by EAGM and then was subsequently transferred to Barrick Gold Mine. The issues regarding compensation and social responsibility were therefore also handed down to the successor Barrick Gold Mine and remain unresolved. In 2008, the outstanding contractual obligations were still not complied with, leading 200 villagers to invade the mine to demand compensation. At this point, Barrick formed a joint committee with villagers to address the outstanding issues. The ad hoc committee revisited the original agreement signed between EAGM and the local authorities and discovered many irregularities. The committee recommended that all the contracts between local villagers and the EAGM needed some major amendments to suit the rights of both parties. Those recommendations made by the joint committee were not undertaken by Barrick resulting in remaining tension and animosity between the mining industry and the villagers in Nyamongo. (a) Environmental Pollution In 2010, members of the LHRC surveyed the North Mara Gold Mine. The survey revealed that the mine is located very close to villager’s premises leaving many people residing very close to gold mining operations. While scientific testing on the air surrounding the mine has not been done yet, conversations with the residents around the mine reveal enough evidence for serious concern. The residents believe the air is toxic to their health and the majority of villagers (70%) interviewed testified that they noticed that most of people that live around the mining site have been ill and coughing regularly. The interviews also revealed that there were 5 also higher than average numbers of people with long-term illnesses including tuberculosis and lung cancer although official statistics comparing the region with other areas has yet to be concluded. Toxic air pollution has been found in similar mining developments in Tanzania and globally, leading the LHRC to believe a similar trend is happening in North Mara. It is believed that the dust from the mining operation is causing serious illnesses to the residents as a result of constant dust inhalation. From speaking with residents there is enough evidence to suggest that a series of conclusive evidence needs to be gathered to ensure the safety of people in the region is not being jeopardized by mining operations. Government institutions responsible for protecting environmental justice have so far failed to make such scientific inquiries or attempt to bring the Barrick Company to task for the pollution under the encoded the Polluter Pay Principle of the EMA. If a breach of the EMA is found and the air is toxic to residents, the impunity mentioned is contrary to both Articles 14 and 27(1) & (2) of the Constitution. U.F.S The Executive Director, Amina Musa; she is the resident of Nyangoto village who informed the Legal and Human Rights Centre, team that on 7th July, 2009 the gun fire injured her while standing P.O.Box 75254 outside her home which is very close to the mine. While the air toxicity has yet to be tested, the water quality surrounding the North Mara gold mine has been tested and shown to be toxic by scientistists from University of Dar es Salaam.. About twenty people were reported to have died around the North Mara Mine in May, 2009 when a mine-rock storage facility owned by Barrick seeped water into the Tigithe River. This situation occurred when heavy rains fell on a temporary mine-rock storage facility on mine property, close to the river. The spilloff from the mine-rock storage facility made the water in the Tigithe River acidic and deadly. Surprisingly, the perpetrator of this action Barrick was left unpunished, contrary to the provisions of the EMA. The LHRC filed a suit at the High Court of Tanzania, Mwanza Registry, challenging the constitutionality of Barrick Gold Mine Company‘s actions in regards to the water contamination and breaches of the Environmental Management Act, which require polluters to be held responsible for their actions. The case against Barrick is based on the negligence of the company in the pollution of the river. The LHRC helped the victims of this incident by assisting them in obtaining health care treatment followed by helping them with legal assistance. The LHRC therefore seeks to hold Barrick responsible for its negligence by paying both specific and general damages to the victims of water pollution in Tarime. (b) Sexual Harassment 6 Recently there have also been claims that the violation of human rights at North Mara Gold Mine has extended to sexual harassment of local villagers in Nyamongo by employees of the mine. Barrick says that a preliminary investigation by ABG has found credible evidence of sexual assaults by members of the Tanzanian police and the company's security guards that work at the mining site. The company said local police are also probing the allegations. (c) Killings Around the North Mara Gold Mine Incidences of killing around the North Mara Mine have been going on since the commencement of the mine almost ten years ago. In the beginning of the Barrick takeover, the company was highly resisted by villagers who feared the loss of their land and small locally-owned and operated mines. In spite of the strong resistance from the villagers, Barrick managed to even acquire more land for the mining site in 2002. Members of the village state that over the years many people have lost their lives, hundreds remain amputated and others were unreasonably charged with fabricated criminal cases. Villagers interviewed state that from 2004, the company has been taking villagers' lands it requires by force for its mining operations. This is done by simply dumping millions of tons of waste rock and rubble onto village lands without even the pretense of seeking owners' consent or payment of compensation as required by the law. The villagers are helpless to prevent the acquisition of their land as the government provides no legal recourse to assist and does not stop the company from taking the land. The company also has the use of the local police force to patrol the mine and private security guards who use force, even killing when they face opposition. LHRC lawyers together with the father of the deceased Mwita Ngoka the second from the right in front of Mwita’s grave.This family lost another member of the family on 16th May, 2011 There are many specific instances of killings in the Mining area. Security guards employed by Barrick Gold Corp at the North Mara Gold Mine in Tarime District, Northern Tanzania shot dead a villager who was alleged to have illegally entered the Mine complex in 2006. Kieva Yohanna was shot five times on the back at Nyangoto Village, home to the giant Mine. He died instantly. His death brings the number of villagers who have died violently at the hands of Barrick security operatives and/or riot police who guard the sprawling Mine to six since 7 July 2005. Since April, 2006 a further three villagers have been shot dead by company security alone starting in July of 2005 when two villagers were killed by company security guards. The third, Marwa Nyansinge, was shot dead on the Nyabigena Primary School grounds on July 20, 2005 after he was alleged to have stolen petroleum oil from the company. Chacha Meng'anyi, Barrick's security guard alleged to have shot him dead, was never arrested or charged. The fatal shooting prompted an uprising of the villagers in which machines, vehicles and numerous other company properties were destroyed by angry villagers in 2008. In the wake of the protests, dozens of villagers were rounded up and many remain in Tarime Prison to this day. The shooting of villagers continued to mount. The LHRC survey indicates that there have been an alarming number of killings around the North Mara Gold Mine in the past few years. The survey reveals that about 21 people have been killed around the mine since 2009 to June 2010. The LHRC findings show that the Company Private guards and Police officers are both responsible for the shootings at North Mara. Nyamhanga Meki (23) is married and is a father of two. Meki revealed to the LHRC team that he used to be a farmer but he no longer is, as he was injured by the mine security officers. Meki pointed out that; “”I was in the company of my sibling heading to graze my brother‟s cattle and was near the Gold Mine when I heard gun shots from the security guards. It was while passing by and that is when they shot my left foot with three bullets. On March 13th, 2009, Fabian Kassian, mine when security guards shot this left leg. Efforts by doctors to sav a peasant at Nyangoto Village in Tarime District was passing near a gold age his limb failed and as a result, it was amputated. 8 Below is the List of people who were killed and left injured from 2009-2010. Also RPC verified the list below of nineteen people killed around the mine YEAR 2010 YEAR 2009 No. Name 1 Daudi Nyagabure Date/Year 2/2/2010 No 1 Name Marwa Nyavinde Date/Year 2009 2 3 4 5 Muchorwa Kibore Mwita Ngoka Peter Nyamhanga Matiko Mwita 2/1/2010 10/4/2010 7/5/2010 2/2/2010 2 3 4 5 Kyela Yahanna Mang’era Mwita Chacha Mwita Mohono Marwa 2009 2009 2009 21/5/2009 6 7 8 Muhere B Mwita 20/3/2010 Moscow Nyagaburi 2/2/2010 Bhoka Marwa 23/3/2010 Cleopha Yohana 6 7 8 9 Mwita Werema Christopher Jaluo Mwita Machepele Chacha Nyamakono 15/10/2009 2/6/2009 8/7/2009 8/7/2009 a) Marwa Nyasinge 10 11 Chacha Matiko 8/7/2009 a) Woman- Mwora Marwa of 2nd/6/ 2009 Nyamboto TOTAL -10PEOPLE UP TO JUNE 2010 TOTAL -11 PEOPLE IN 2009 TOTAL NUMBER OF THE KILLED PEOPLE FOR THE YEAR 2009 – June 2010 IS 21 PEOPLE The List of People Killed Around North Mara Mine for the Year 2009 And 2010 3.0 The Killings of the Five on 16th May, 2011 On 16thMay, 2011 five people were shot dead and more than 10 people were left injured by police officers at Barrick North Mara gold mine in Tarime. The LHRC observation found that, a number of people, estimated to be around 800-1000, entered the mining for the sake of collecting the gold from the waste rock around 5.00 am on 16th May, 2011. Contrary to government and police official’s statements after the killings, LHRC researchers found that villagers who invaded the waste rock site were not muggers. The LRHC observation found that the group, which appears to have been found on the waste rock of the mine, were normal villagers and "gold-seekers" who had a mutual agreement with mine security officers and police to enter the site soon after the company had finished blasting high-grade ore. The shooting of remnants collectors arose when paid security officers, betrayed villagers by turning against them when fellow officers arrived for inspection. The following is list of the five people who were killed at the mine; Emanuel Magige (27), a resident of Nyakunguru Village; Chacha Mwasi ( 25) , a resident of Bisalu Village; Chacha Ngoka (26) a resident of Kewanja Village in Tarime District and Chawali Bhoke (26), a resident of Bonchugu Village; Mwikwabe Marwa (35), a resident of Ketongoro Village in 9 Serengeti District. There were also three people that were seriously injured and admitted at the Tarime District Hospital before being referred to Bugando Hospital in Mwanza. Their names were Frank Joseph (20) , Mwikwabe Mwita (30), and Samuel Nyangare. The bodies of the five stretched in the mortuary shelves in Tarime Hospital. 3.1 Burial Refusal and the Arrest of Human Rights Defenders Following the recurrent nature of the problem and frequent killings, the relatives of the dead and the wounded refused to take their bodies for burial until the government assures them the human rights violations will stop and pays remedies to dependents of the deceased. In addition to that, relatives of the dead wanted the government of Tanzania to allocate a site to be used exclusively by local miners to allow the legal return of small-scale mining. This illustrates that people living around North Mara Mine are now aware of their rights and their right to insist that the government take action. Government action has been minimal. The LHRC found that the government did make some efforts to assist the relatives of the deceased to bury their dead. Villagers and relatives of the dead interpreted those efforts as a trick used by the government officials and police officials to silence the matter. The relatives of the deceased requested their local leaders, who most of them are coming from opposition party –CHADEMA, to prepare a joint mass for the dead before burial. A joint mass at Saba Saba Grounds in Tarme was to precede the burial of deceased (four bodies) in Tarime on 24th May, 2011. One day before, the relatives of the victims went to the mortuary to get the bodies of the deceased for the joint mass. However, Police officers in Tarime had taken the four bodies out of the mortuary and sent them to their respectives villages. Instead of handing the four bodies over to the relatives of the deceased, the police dumped the coffins with dead bodies on the side of the road and left them unattended. As a result, it was difficult for the relatives to identify and distinguish the four bodies of the deceased and thus give them a proper burial. The acts of police amounted to total interference of family matters. 10 Coffins were just dumped alongside the road near deceased’s villages Extending this mistreatment further, villagers reported that the Tarime police officers in collaboration with Serengeti police officer harassed and unreasonably arrested the relatives of the deceased who were on the way from Tarime to Serengeti to bury the other two bodies in Serengeti. Police are reported to have set fire to their empty coffins. The two coffins were carried with the aim of exchanging them with those used by police officers to carry the deceased. The brother of deceased said the following; “Mei 25 majira ya saa 4 asubuhi mimi na wenzangu kaka wa marehemu Chacha Wairanya,Nyagitomo Mrimi,Sospeter Daniel,Mariamu Chacha,Kisigiro,Magosi Wandisya,Keraryo ambaye ni mwenye gari tulilokuwa tumekodi,wazee wawili na akina mama wawili wa Kitunguruma,Chacha Kegenga aliyekuwa na picha ya marehemu,tulipigwa sana na polisi,” The saga took another turn when human rights lawyers, including CHADEMA’s leaders, were harassed and arrested on the 23rd of May, 2011. The individuals were arrested after they were found around the Tarime mortuary. The Hon. Tundu Lissu and relatives of the deceased went to the mortuary at that time after hearing that police forces were going to remove the bodies from the mortuary and send them to the villages. Hon. Tundu Lisu, Nyembea Stanslaus who is working with the Lawyers Environmental Action Team and Tarime CHADEMA members and leaders were jointly charged for illegal entry into a mortuary and holding an unlawful assembly. 11 Hon.Tundu Lissu during the arrest 12 An affidavit with the forged signature of the magistrate that was submitted before Tarime district court. 4.0 Interviews with Local leaders, Relatives of the victims and Government officials To balance the information and verify the information gathered, the fact finding team met and interviewed relatives of the deceased, local leaders and District Government officials including the RPC of Tarime and Rory Police Special Zone and of Tarime Tarime District Commissioner (DC). The following is a summary of what the interviewees had to say on the situation in North Mara. 13 Constantine Massawe- RPC of Tarime and Rorya Police Special Zone, when asked about the killings of people around North Mara Gold Mine had these to say; “The Gold Mine is at the middle of seven villages which mainly depend on the mining. The police officers are there not only to protect the mines but also the properties in the mine. Villagers are sometime invading the mine to collect mineral remnants, then in the course of preventing them police have to use gun and bomb to surpass them….as the result some are killed and some are injured .The RPC continued to say that even the police officers and workers are sometime wounded by invaders.” RPC Massawe insisted that on 16th May, 2011 about 1000 bandits invaded the mine to steal minerals. That is to say, RPC Massawe believes that those villagers found inside the waste rock were invaders and bandits. Amos Sagala –Chairperson Tarime District Council Amos Sagala condemned the acts of police officers at the North Mara Gold Mine. Amos, who is also the Sirari Ward councilor via CCM, requested the government to end the killings around the mine. Mr. Amos insisted that this is high time for the government to consider the rights of small scale miners by allocating sites to be used exclusively for small scale mining activities. Furthermore, the District Chairman told LHRC that Tarime District Council looks forward to forming an independent committee to investigate the killings. The committee will involve Tarime ward councilors. LHRC research team upon arrival in Tarime had ample time to interview LHRC monitors in Tarime District. The two were able to provide several information including the name of the deceased and people who have been injured from January – May 2011. During an interview they said: “Idadi ya watu waliofika Nyamongo hakuna anayejua hivyo basi nashangaa kusikia kwamba walikuwa watu kati ya 800 mpaka 1500 wakati polisi walikuwa 10 tu, endapo hawa raia wangekuwa na silaha za jadi kama inavyosemekana basi hawa polisi wasingeweza kupambana na idadi kubwa ya watu wanasemekana walikwenda pale mgodini” LHRC research team was also informed about some disturbing trends in the local police force in Nyamongo. The practice of “Mchongo” in the area, making a deal with police or security for access to resources, is creating a bad incentive for police officers. Villagers around the mine bribe the police with anywhere between 30,000/= and 50,000/= per person in order for them to access the waste rock site. The “Mchongo” has been used many times and it has been a major source of income for Police officers working in the Mine site. This has made the Police in Tarime to be strong economically. LHRC has been informed that Police in Tarime own business cars and motorcycles (boda boda) in town. They also own other businesses such as shops and stationeries due to proceeds gained out of “Mchongo.” The Tarime police post has been an attraction for police officers in Tarime. Where the police see the mine as a way to become wealthy, there may not be any incentive for officers to push for the arrest of guards or other members of the mining staff for violations of human rights. Another issue observed by the LHRC researchers is that there seems to be a blurred line between police and mining staff at the Mine. Even though there is a police post and police quarters built close to North Mara Mine, it has been a common phenomenon for citizens to be arrested in Nyamongo and sent into custody in the Mining area. It has also been very common for North Mara management officials to interrogate accused persons in custody. The work of interrogation according to Criminal Procedure Act, 1985 is solely the jurisdiction of the Police officer. LHRC’s Monitor and an American journalist were arrested and held under custody in African Barrick Gold mining police post and interrogated by Barrick officials; 14 “Mimi nilipokamatwa na mwandishi wa habari toka Marekani bwana Travel tulipelekwa kituo cha polisi kilichopo kwenye mgodi, tulihojiwa na mzungu wa mgodi sasa mzungu wa mgodi anatuhoji yeye ni nani?”Said Bomani Lastly, during an interview with LHRC’s monitors the LHRC was informed with great concern that the demarcations between village land and mining area is not clearly defined. The area is not fenced in and there are no any signs or beacons are in place to indicate the boundaries. This has caused several people to be charged in Tarime District court for trespassing as “Intruders” even though they was no way for any person to know they were on private land. This practice has only further expanded the hatred between villagers and hte mining investors. Addressing the public on the matter, Deputy Minister for Home Affairs classified the killings as political issues. Arguing against the Minister one villager had this to say; “Haya si mambo ya Kisiasa, bali ni mambo ya kiuchumi, kuna tofauti kubwa sana kati ya maskini na tajiri wa Tarime. Watu wa Nyamongo wamekuwa wakitegemea dhahabu toka enzi za mababu, hakuna ardhi ya kulima Nyamongo, na kwa taarifa tu, tukio hili limeunganisha wanachama wa CCM na CHADEMA, hivyo basi Mh. Waziri Kagasheki afike mwenyewe aone na siyo kutoa taarifa za kupotosha” Further, the said villager was quoted saying that; “Watu wa Nyamongo kutokana na kukosa ardhi ya kuendesha shughuli zao za kiuchumi wanasema kwamba, tuko radhi tuuawe tuishe lakini hatuwezi kuacha kwenda kule kwenye waste rock. Toka enzi za mababu dhahabu ndio ilikuwa inawatunza” Interview with one Mr. Kiguku Ryoba (Nyamongo) Mr. Kiguku Ryoba has been residing in Nyamongo throughout his life. He has been engaging in Mining activities since 1970s. He has made several attempts to communicate to people outside Nyamongo on the Human Rights situation to local NGOs and international agencies including embassies. He is well informed of the killings around North Mara Mine and is a victim of police brutality. This year, he was shot on the chest while taking a shower at his home. Luckily, he survived. He informed LHRC that apart from the five people killed on 16th May, 2011 this year there have been killings which did not get the attention of media. Mr. Kiguku named the other people killed as; Name Village Cleopha Yohana Nyongoto Marwa Nyasinge Kewanja Charles Gonyi Kewanja Kisili Magahu Mariba Nyamongo (He was brutallity crushed by a bulldozer) he said; alisagwa sagwa na bamba and no compensation has been paid to the families of these victims. 15 Philomena Marwa Tontora – Counselor for Nyamongo ward LHRC conducted an interview with the counselor of Nyamongo ward who explained the background of the killings that have been happening in Nyamongo. With deep sadness, while crying she was able to tell the gathering the maladministration of the District Council. The District Commissioner has refused to discuss anything about the killings with them. She said D.C pointed that; “Mkuu wa wilaya anasema sheria au kanuni zinazotumika hapa ni tofauti na maeneo mengine ya Tanzania, sasa basi tunataka serikali itoe tamko kwamba TARIME sio sehemu ya Tanzania ili tujue kwamba sisi tupo Kenya. Hivyo basi miili hii ya ndugu zetu hatutazika mpaka serikali itakapotatua kero zetu na kutuambia mauaji haya yatakoma lini? Relatives of the victims who were killed listening to LHRC researchers Lucy Manyata – Counselor of Nyakungura ward- With deepest sorrow not only representing the people of her ward council but also after the loss of her beloved relative, a form six level one Emmanuel Magige who was brutality killed by police on 16th May, 2011 in Nyamongo. She was deeply concerned that Emmanuel Magige was educated by her brother in a difficult environment and the family expected a lot from him deceased. She called for government to hear the cries of her citizens. She vehemently counter-argued a statement made by the minister that this a political issue by stating; “Mimi naumia kumpoteza ndugu yangu Emmanuel Magige, kwa masikitiko makubwa serikali inasema hili ni suala la kisiasa, inauma sana sijui kama Mh. Kagasheki angefikwa na tatizo hili angeweza kusema kwamba hili ni suala la kisiasa, serikali isikie kilio chetu” Mzee Emmanuel Gesabo Magige Mzee Emmanuel Gesabo is the father of one of those killed. He said his son was welleducated and had a difficult situation. He said that although his son is dead yet he will still speak so that the world can know that what his country has done to him is not fair at all. He says; I am not employed, I sold my cows and farm produces in order to educate my son. He has successfully completed advanced studies, but on 16th May, 2011 he was killed before he joined higher learning institutions, I was shocked to be told that my son is dead….my son was mercilessly killed because I found his body with many holes of gun shot ” 16 Mzee Emmanuel Gesabo displaying a picture of late Emmanuel Magige Christopher Chomiti – Councilor Saba Saba ward He asserted that, people have been killed and injured several times at the mining area in Nyamongo. Since 2002 up to the present more than 50 people have been shot to death and several were critically injured to the extent that some of them have been amputated. He further made a call that there is still hazardous chemical waste coming from the mine spill off into the river Tigite which is used by citizens in villages around African Barrick North Mara. Mr. Mkono Boke His is the elder brother of Chacha Mwesi who was shot dead on 16th May, 2011. The late Chacha Mwesi was residing in Mugumu in Serengeti district. He travelled all the way to Nyamongo after getting information from police officers that there is a deal, or “Mchongo.” . It was then that he was killed by police. His elder brother said that; “Mdogo wangu Chacha Mwesi ameacha pengo kubwa katika familia yetu huku ukichukulia kwamba tulikuwa tumebaki wawili tu kwenye familia yetu tukimhudumia mama yetu. Sasa ndugu yangu ameuawa kikatili na polisi sijui hata nitafanyeje? Naomba mnisaidie ili niweze kupata haki” However the body of Chacha Mwesi was buried by some local government leaders without the consent of the family members. The key person was Mr. Machangu Jonathan who is the division secretary in Nchangi. Giving his testimony, Mr. Mkono Boke said that; “Mimi ndio mzee mkubwa wa familia yetu hivyo basi mwenye mamlaka ya mwisho katika kutoa maamuzi ya juu ya kuzikwa ndugu yao ni yeye. Na pia nashangaa kuona mwili wa marehemu ndugu yangu Chacha unazikwa bila ridhaa ya familia. Naomba wanasheria kama kuna sheria yeyote inanilinda mnisaidie” 17 Mr. Mkono Bhoke Mr. Chacha Marwa He is a brother of the late Chacha Ngoka who was also shot dead during the saga on 16th May, 2011. He was very sad that within 13 months the family has lost two members. In 2010 April, one Mwita Ngoka a brother of late Chacha Ngoka who was shot to death in Nyamongo. It is very sad and difficult moment for this family because even before the report the findings of the committee formed to investigate the killing of Mwita are released, another killing occurred in the same family. He says; “Tume iliundwa kuchunguza kifo cha ndugu yetu Mwita, mwaka mmoja tu uliopita toka auwe hakuna chochote tulichoambulia kama familia. Tume iliundwa hatuna taarifa yoyote hivyo serikali isitulazimishe kuzika miili ya ndugu zetu. Tunataka majibu na sio ubabaishaji kwa kweli mimi hata sielewi nini kifanyike? Nasema hivi sisi hatuziki mpaka serikali itakapo chukua hatua na polisi kuchukuliwa hatua. Ni hayo tu” Mr. Mkani Chacha Mr. Mkani Chacha informed LHRC research team that his relative was seriously injured by the police during the incident and is at this moment seriously sick and has been admitted at Sungusungu hospital in Nyamongo for further treatment. That he has not received any support from the government or the mining company, he said; “Ndugu yangu alipigwa risasi ya bega mpaka sasa anaendelea vibaya sana amelazwa hospital ya Sungusungu kule Nyamongo. Huyu ndugu yangu wala hakuwepo eneo la mgodi bali alikuwa nyumbani kwake” Boniface Magao Mwita – Nyatongo village He says that during his lifetime, for at least 50 years people in the area have been involved in mining activities. He was also engaging in mining activities in that area at the time an investor came to invest in Nyamongo. He says because people have been mining for years on this very land there is no reason to say that these people are intruders. He says it is the whites who are protected by the police force in Tarime who are the intruders, thus they will keep on going to the mining sites even if all of them are killed. He proposes that in order to end this hostility 18 the government should allocate land for small miners in Nyamongo where poor Tanzanians in Nyamongo will earn their living. He says; “Hakuna eneo mbadala la sisi kuweza kujiingizia kipato, wananchi wameachwa kama wakimbizi ndani ya nchi yao” Samweli Mkami The uncle of late Chacha Ngoka from Nyangoto explains that, his house is just 200 metres from the mining sites. When rocks blast in the mine site dusts and stones particles fall directly to his premises which cause damages to property and causes injuries to people. For example, the Nyabigenya Primary School teaching time table is disrupted by blasting noise and particles that fall in the school premises. This has been causing chaos and fear among students. He contends that the relationship between the community and the mine is very poor to the extent that no priority is given to employment opportunities for the local people in Nyamongo. Even private company security guards are hired from Kenya and Uganda but not sons and daughters in Nyamongo. Mzee Abdi Maswi He voluntarily appeared to give information to LHRC research team during a meeting with the families of the people who were killed. He said that; “Pale kwenye mgodi kuna mnada polisi ndio wanauendesha, kuanzia saa 3:00 usiku watu wanakwenda vikundi vikundi kwa kutoa mshiko kuanzia 20,000/= nakuendelea. Hii ni ofa inayotolewa na polisi kwa wananchi. Sasa utaratibu huu unapovurugika ili kujikosha kwa wamiliki wa mgodi ndio mauaji haya yanatokea. Na kila polisi anayeenda kulinda mgodi siku saba taarifa zinasema lazima atoe rushwa kwa mkuu wake ili apangiwe kule” Chairperson of Nyamongo village He complained that leaders at the local level have been given a responsibility which has become a heavy burden for them to bear. “We have been in different forums… meetings and discussion have been done as well as various committees have been formed but nothing happened.” He went further by saying that the Parliamentary committee paid a visit to Nyamongo but until today nothing has been done. He is surprised as to why the central government has remained silent on this matter. He requested the central government to hear people’s cry irrespective of their weaknesses as human beings. He suggested that the permanent solution for this is to allocate land where these remnants will be dumped and people to have access to it or to have a designated area special for small scale miners. 5.0 Analysis of the Findings Pictorial and other evidence given above, strongly substantiate a real danger of more people residing around the mine area to keep on dying every day. Research done by Director of LEAT by then Adv. Tundu Lissu revealed that, the killings represent a major shift in Barrick's 19 strategy for dealing with the troublesome locals who have always opposed the Mine. In the period after the forced evictions of the villagers in August 2001, hundreds of villagers, particularly community leaders and prominent locals were targeted for illegal arrests, criminal prosecutions and long term imprisonment. Numerous local leaders including by then Member of Parliament Late Chacha Zakayo Wangwe and elected Member of the Tarime District Council Augustino Nestory Sasi were harassed in various ways.3 From the investigation done by LHRC it does appear that the Barrick company is doing anything to ensure a good relationship with the surrounding villagers. It is difficult to even take from the evidence that Barrick wants to have anyone live around the mine. Many people in the area believe that incidences of environmental pollution and the use of force around the mine are strategies used by the Company to push people away from the mine vicinity. The findings by Tundu Lisu five years ago also revealed the same as what we have discovered today. Tundu Lissu found out that, lethal force and naked violence were strategically used to weaken the solidarity of the villages. “In 2005 two villagers were killed by company security guards. Marwa Nyansinge was shot dead on the Nyabigena Primary School grounds on July 20 after he was alleged to have stolen petroleum oil from the company. Chacha Meng'anyi, Barrick's security guard alleged to have shot him dead was never arrested. The fatal shooting prompted an uprising of the villagers in which machines, vehicles and numerous other company properties were destroyed by angry villagers. In the wake of the protests, dozens of villagers were rounded up and many remain in Tarime Prison to this day.”4Revealed Lisu The research team discovered that, a number of villagers are killed every year by mine security guards in collaboration with FFU from Tarime Police special Zone. After a deep investigation the team discovered that the North Mara mine possesses heavy weapons like a ton and a half of tear gas and hand grenades for security purposes. Explosions released by these weapons have rendered movement of people on their land impossible. The explosions from hand grenades have gone far, to the extent of destroying and burning villager’s premises around the mine. When asked to speak about the extent of killing around the mine, District officials openly admitted that there are many incidences of killing around the mine; but on the other side District officials justified the killing by saying that, all those who have been killed and injured by mine security guards are intruders of the mine. The team investigated further and noted that villagers are not just at risk from physical violence but there is also the possibility that people are suffering from toxic air and dust around their premises, although this has to be researched further. The cost of life around the mine left many questions unanswered. Twenty people were reported to have died around North Mara Mine. In May 2009 when water seeped from a mine rock storage facility into the Tigithe River. Surprisingly, Barrick as a polluter of the environment was left unpunished contrary to the provisions of EMA which requires the polluter to be responsible under the principle of Polluter Pay Principle. 3 4 Lisu,T (2006) “Six Villagers Kiliied in Barrick North Mara Gold Mine”.p 2 Ibid 20 Source Barrick. The photo above reveals that North Mara Mine is located at the heart of seven villages in Tarime. Another situation found to propagate conflicts between the mine and the community is the lack of Corporate Social Responsibility. Corporate Social Responsibility is the commitment of a business to contribute to sustainable economic development - working with employees, their families, the local community and society at large to improve the quality of life, in ways that are both good for business and good for local development. At North Mara this is not what is happening. We found people continuing to live in extreme levels of poverty. Barrick company had agreed with villagers to contribute one percent of its earnings to community development programs as its Corporate Social Responsibility. The team discovered that there is no transparence in the whole process of paying company contributions to village development programs. Villagers condemn Barrick for failure to honor the contract signed in 1998 between villagers and the mine. It is therefore, easy to say that hundreds of people living around North Mara mine have been left poor and jobless. Villagers claimed that; “We no longer have land for cultivation, we have lost our local mines, now there are no pastures because the mine has almost taken the whole land ... we have no sources of income, most us are amputated and we are living only through God's wishes” lamented Mang’era Saidi Mang’era Mr Machango Acting Tarime Dc stressed that, situation around the mine would probably worsen the coming years due to the fact that the Company has already told village leaders that the Company would no longer contribute anything to villages as from 2010 due to a downfall of Company profit. The major challenges surroundings this impunity is the lack legal actions against the perpetrators of the human rights violations around the mine. About 50 people have been killed around the mine since 2002 yet no any perpetrator has been arrested. Local leaders usually report the matter to RPC and other District officials but nothing has been taken seriously to contain the situation; instead they were directed to send the matter before the Police Force headquarters in Dar es Salaam. The LHRC was informed by one police officer that the 21 security contract between North Mara Barrick and the Police was signed at the Police headquarters in Dar es Salaam. Due to this situation in Nyamongo many victims fear to report their cases to respective places, hence many cases are left unreported and go unpunished. Also, human rights defenders and political leaders who stand to defend the rights of the villagers have been harassed, arrested and maliciously charged on unfounded allegations. This year, human rights activists, political leaders and journalists who went to investigate the killings of the five people in Nyamongo ended up in the hand of police forces before charged on totally unfounded allegations. 6.0 Conclusion Generally, the situation in Tarime District is not calm due to frequent killing around North Mara Mines. The team has discovered that an average of one person is murdered around the mine monthly. For instance only in 2010 from January to December 2010 10 people have been killed and more than ten injured by the mine guards. The fact finding team discovered that, some of the killings have been reported to the police but no legal steps have been taken. Mr. Constantine Massawe the RPC of Tarime and Rorya PSZ when interviewed by the team revealed that the list of those killed and wounded people are invaders and some of them have been arrested. Surprisingly, up to date not even a single person has been prosecuted and sentenced for the said invasion. The value of life around the mines has been outsmarted by the price of gold in Tanzania. 7.0 Recommendations After analyzing the findings above, the fact finding team recommend the following; I. II. III. IV. V. VI. The LHRC should liaise with other human rights organizations to institute a civil suit against the Government and the North Mara Gold Mines in order to compensate the victims of the said events. Also, a criminal case should be instituted against the police officers who participated in the killings and wounding. A movement should be organized to compel the Government either to stop the mining activities at the North Mara or to compensate the villagers who are living close to the mining area by finding a better place for them to live. The Tarime district councils should cooperate with local leaders to address the problem and put aside political differences in order to discharge their day-to-day activities. The problem in North Mara needs a collective effort. The Ministry of Home Affairs in collaboration with other Ministries usch as the Ministry of Energy and Minerals should re-consider whether the issue is truly politically driven. There is need to form an independent committee to probe the saga. The committee should be composed of expert members including economist, lawyers, geologists and members from civil society. The government should take all necessary measures to ensure that land is set aside especially for the use of small miners to continue with local extraction as this has been their core activity for years in the villages surrounding the mine site. In the long run, in order to avoid ongoing conflicts, there is need to have in place a law on Corporate Social Responsibility that will give room for citizens during contract negotiation. Currently, most contracts involve only two parties with the government on one side and the investor on the other side, thus community have 22 been left out. It is very difficult for the community to demand benefit from the investment. VII. The Police Force and the Ministry of Home Affairs should handle this matter for the interest of citizens. There is a need for regular trainings on human rights issues and international standards of dealing with the crowd control instead of unnecessary use of lethal force. Community policing, or “Polisi Jamii” should be emphasized in Tarime because currently there is very big gap between police and the community. Community perceives police officers as their enemy and not security officers. VIII. Also the police force has lost confidence in discharging her duties in the eyes of citizens. About 30 police commissions have been formed to probe some violations but none has been able to provide feedback to the community. For example, in 2010 a police commission was formed to investigate the killing of Mwita Ngoka who was shot dead in April, 2010 but nothing has been released by this committee. It is recommended that the police force should deal with issues of public interest openly and transparently. The permanent parliament committee on minerals and energy and the committee on social services should pay a visit to Tarime in order to find out the truth about what is going on especially to the community. LHRC research team has found out that there is growing sense of enmity between citizens and investors, district authorities and the ministry which posses danger to the country’s peace. 23