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| − | '''<sup>The Legal Protection of the Small Scale Miners in Tanzania. A Critical Analysis of the Mining Act, 2010: | + | {{documentation subpage}} |
| − | A Case Study of Geita District, Mwanza.
| + | __NOTOC__ |
| − | '''</sup> | + | == Usage == |
| − | 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.
| + | {{tl|documentation subpage}} |
| | + | '''OR''' |
| | + | {{tlx|documentation subpage|<nowiki>[[</nowiki><var>main page to link to</var><nowiki>]]</nowiki>}} |
| | | | |
| − | By <big>Heri Emmanuel</big>
| + | === Userboxes === |
| | + | When used to document usage of a [[Wikipedia:Userboxes|userbox]], it may be preferred to have this template state "userbox"/"userbox page" instead of "{{lc:{{ns:Template}}}}"/"{{lc:{{ns:Template}}}} page" or "{{lc:{{ns:User}}}} template"/"{{lc:{{ns:User}}}} template page". If this is preferred, use: |
| | + | {{tl|userbox documentation subpage}} |
| | + | '''OR''' |
| | + | {{tlx|userbox documentation subpage|<nowiki>[[</nowiki><var>main userbox page to link to</var><nowiki>]]</nowiki>}} |
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| − | 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.
| + | === Customization of text === |
| − | 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.
| + | To manually change the text of the template, the "<code>text1=<var>your text here</var></code>" and/or "<code>text2=<var>your other text here</var></code>" parameters can be specified. "<code>text1=</code>" changes the automatic text on the first line to your own word(s). "<code>text2=</code>" changes the automatic text on the second line to your own word(s). If "<code>text1=</code>" parameter is specified without the "<code>text2=</code>" parameter, both the first and second line of text will be custom based on the text given in the "<code>text1=</code>" parameter. |
| − | 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 .
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| − |
| + | Example usage: |
| − | 1.2 Statement of the Problem
| + | {{tlx|documentation subpage|text1<nowiki>=</nowiki><var>custom first and second line text</var>}} |
| − | 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.
| + | {{tlx|documentation subpage|text2<nowiki>=</nowiki><var>custom second line text only</var>}} |
| − | The research will therefore, critically analyze how far the Mining Act, 2010 legally protects the small scale miners.
| + | |
| − | 1.3 Objectives of the Study
| + | {{tlx|documentation subpage|text1<nowiki>=</nowiki><var>custom first line text</var>|text2<nowiki>=</nowiki><var>custom second line text</var>}} |
| − | This research shall have two main objectives, categorized into general and specific objectives as hereunder stated:
| + | |
| − | 1.3.1 General Objective
| + | == How it is displayed == |
| − | The general objective of the research is to critically analyze the legal protection offered to small scale miners under the Mining Act, 2010.
| + | This template should be placed at the top of "/doc" pages. It changes output depending on where it is viewed: |
| − | 1.3.2 Specific Objectives
| + | * On a "/doc" page, it displays a box explaining template documentation and links to the template page. |
| − | The specific objectives of this research are;
| + | * On other pages (ie, pages transcluding the "/doc" page), the template will not show. The template page itself (which contains <code>{{tl|Documentation}}</code>) will automatically note that the documentation is [[Wikipedia:Transclusion|transcluded]] from a subpage. |
| − | • To assess the effectiveness of the Mining Act, 2010.
| + | |
| − | • To examine whether the small scale miners are aware of the Mining Act, 2010.
| + | == Functions == |
| − | • To examine the actual implementation of the provisions of the Mining Act, 2010 on the protection for the small scale miners.
| + | In addition to the output message, the template categorizes pages to [[:Category:Template documentation]], [[:Category:User documentation]], or similar (named after the subject space), but only for documentation pages in namespaces with the subpage feature. It defaults the [[m:Help:Categories#Sort order|sort key]] to the page name without namespace (ie, "Foo" on "Template:Foo", so it would be sorted in categories under 'F'). |
| − | • 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.
| + | == See also == |
| − | 1.4 Research Questions
| + | * [[Wikipedia:Template sandbox and test cases]] for how this template is used. |
| − | • To what extent does the Mining Act, 2010 protect the small scale miners?
| + | {{ Documentation/see also }} |
| − | • 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?
| + | <includeonly> |
| − | • Does the Mining Act, 2010 meet the needs of the small scale miners?
| + | <!-- categories and interwiki links --> |
| − | • Do the small scale miners know the Mining Act, 2010?
| + | [[Category:Template documentation| {{PAGENAME}}]] |
| − | 1.5 Scope of the Study
| + | [[Category:Template namespace templates]] |
| − | 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
| + | [[als:Vorlage:Dokumentation/Dokuseite]] |
| − | 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.
| + | [[ar:قالب:صفحة توثيق فرعية]] |
| − | 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.
| + | [[bar:Vorlage:Dokumentation/Dokuseitn]] |
| − | 1.7 Research Methodology
| + | [[be-x-old:Шаблён:Падстаронка-дакумэнтацыя]] |
| − | In this research, the researcher will use the following research methodologies;
| + | [[bg:Шаблон:Подстраница с документация]] |
| − | 1.7.1 Research Design
| + | [[ca:Plantilla:Subpàgina de plantilla]] |
| − | 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.
| + | [[cs:Šablona:Podstránka s dokumentací]] |
| − | 1.7.2 Sampling Design
| + | [[da:Skabelon:Skabelondokumentationsside vist direkte]] |
| − | 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.
| + | [[de:Vorlage:Dokumentation/Dokuseite]] |
| − | 1.7.3 Data Collection
| + | [[es:Plantilla:Subpágina de documentación]] |
| − | 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;
| + | [[fa:الگو:Documentation subpage]] |
| − | 1.7.3.1 Interviews
| + | [[fr:Modèle:Documentation modèle vue directement]] |
| − | 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.
| + | [[eu:Txantiloi:Txantiloi dokumentazio azpiorrialdea]] |
| − | 1.7.3.2 Questionnaires.
| + | [[ko:틀:틀 설명문서 안내]] |
| − | 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.
| + | [[id:Templat:Subhalaman dokumentasi]] |
| − | 1.7.3.3 Observation.
| + | [[is:Snið:Skjalsíða]] |
| − | 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.
| + | [[ja:template:Documentation subpage]] |
| − | 1.7.3.4 Documentary Review
| + | [[ka:template:თარგის ინფო გვერდის ხედვა პირდაპირ]] |
| − | 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.
| + | [[la:Formula:Documentation subpage]] |
| − | 1.7.4 Data Analysis
| + | [[mk:Шаблон:Документација потстрана]] |
| − | The data for this research will be analyzed through the following process;
| + | [[ml:ഫലകം:Template doc page transcluded]] |
| − | 1.7.4.1 Qualitative Approach
| + | [[nl:Sjabloon:Sjabdoc direct]] |
| − | 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.
| + | [[nn:Mal:Dokumentasjonsunderside]] |
| − | 1.8 Literature Review
| + | [[no:Mal:Dokumentasjonsunderside]] |
| − | 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;
| + | [[pl:Szablon:Podstrona dokumentacji]] |
| − | 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.
| + | [[pt:Predefinição:Subpágina de documentação]] |
| − | 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.
| + | [[ro:template:Template doc page viewed directly]] |
| − | 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.
| + | [[ru:Шаблон:Docpage]] |
| − | 1.9 Research Plan
| + | [[simple:Template:Documentation subpage]] |
| − | No. Duration Activity
| + | [[sl:template:Dokumentacijska podstran]] |
| − | 1. July 15th to 1st September 2011 Data collection (field research).
| + | [[sl:template:Dokumentacijska podstran]] |
| − | 2. September 6th to February 14th 2012 Data analysis, processing, writing research report.
| + | [[sq:Stampa:Documentation subpage]] |
| − | 3. February 16th to March 16th 2012 Research report submission (first draft).
| + | [[sv:Mall:Dokumentationssida]] |
| − | 4. April 1st to April 30th 2012 Research report submission (second draft) in case of corrections.
| + | [[tpi:Template:Documentation subpage]] |
| − |
| + | [[th:แม่แบบ:Documentation subpage]] |
| − | 1.10 Research Cost Analysis
| + | [[tn:Template:Documentation subpage]] |
| − | No. Items Quantity Costs (TZS)
| + | [[tr:Şablon:Şablon belge sayfası]] |
| − | 1. Stationeries; typesetting, printing, binding, flash disk, pens, notebooks, As a need arise 100,000.00
| + | [[uk:Шаблон:Підсторінка документації]] |
| − | 2. Transport costs Mwanza – Geita severally; Around Geita severally.
| + | [[ur:Template:Documentation subpage]] |
| − | Around Mwanza severally.
| + | [[zh:模板:Template doc page viewed directly]] |
| − | 100,000.00
| + | </includeonly> |
| − | 3. Meals and Accommodation Six (6) weeks 150,000.00
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| − | 4. Miscellaneous Approximation 50,000.00
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| − | 5. Total 400,000.00
| |
| − | 6. Contingency 10% of total 40,000.00
| |
| − | Grand Total 440,000.00
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| − | BIBLIOGRAPHY
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| − | Chr. Michelsen Institute Report (2008) by Siri Lange on Land Tenure and Mining in Tanzania; Printed in Bergen Norway.
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| − | 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.
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| − | Fimbo, G.M. (2004). Land law reforms in Tanzania. University of Dar es Salaam Press, Dar es Salaam.
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| − | The report of the Committee to Establish a Source of Conflict between AFGEM Company and Small Scale Miners at Mererani Mine, 2002.
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| − | United Nations General Assembly Resolution 1803 (XVII) of 14 December 1962; Permanent Sovereignty over Natural Resources.
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