The Tanzanian police have arrested two men and issued a warrant for the arrest of the third who have been pressing for an international investigation of allegations of forcible evictions and killings at Bulyanhulu in Tanzania in August of 1996.
On Saturday November 24th, Mr. Rugemeleza Nshala, President of the Lawyers' Environmental Action Team (LEAT), and Augustine Mrema, the National Chairman of the Tanzanian Labour Party, were taken from their homes and charged with sedition. A warrant has been issued for the arrest of LEAT lawyer Tundu Lissu, who is out of the country.
LEAT is a Tanzanian NGO which has been actively investigating the alleged killing of at least 62 gold miners, illegal evictions and destruction of livelihoods when the Bulyanhulu site was cleared of artisanal miners in August 1996. As of the time of writing, Mr. Rugemeleza has been freed on bail. Mr. Mrema is under house arrest in hospital. The police also searched
their homes, turning them upside down. In what would appear to be an infringement of lawyer-client privilege, the police have apparently seized evidence given to LEAT by its clients the families of the small scale miners.
The raids follow wide publicity in the Tanzanian press of LEAT's investigation of the Bulyanhulu case. On Monday, November 19th, LEAT had held a press conference in which it reiterated its call for an international commission of inquiry to investigate the alleged killings at Bulyanhulu in 1996.
The conference came a week after LEAT wrote to the Director of Criminal Investigation telling him that it did not think the police force had any moral authority to re-investigate the killings given their alleged complicity in the crimes. It had also declined to hand over the police videotape which it had obtained unless and until the police provided the information it claimed was available that disproved the allegations of the killings.
We believe that the police raids are an attempt to intimidate LEAT into silence. In our view, the arrests constitute a serious violation of Mr. Rugemeleza's, Mr. Mraeme's and Mr. Lissu's human rights and we join LEAT in urging that the Government of Tanzania takes immediate steps to drop the charges.
On September 27, 2001, MiningWatch Canada, the NGO Working Group on the Export Development Corporation, and the Council of Canadians held a joint press conference to publicly release a video on the removal of small scale miners in Bulyanhulu in August 1996. At that time we called for an independent international inquiry into the nature of the removals.
Tundu Lissu, a human rights lawyer with the Lawyers' Environmental Action Team in Tanzania, was invited to the press conference. Lissu had spent considerable time in the past year investigating rumours that in August 1996 anywhere from 30,000 to 400,000 small scale miners and their families had been forcibly evicted to make room for a large scale Canadian-owned mining operation at Bulyanhulu in the northern part of Tanzania.
He alleges that the evictions were done precipitously, in defiance of a High Court injunction and with a great deal of violence, and that a number of people died. The names and the pit numbers of 56 persons who LEAT says died during the evictions were published in the Tanzanian papers on the same day as our press conference.
The Canadian company that claimed the mining concessions in the area at the time was Kahama Mining Corporation Limited, a wholly-owned subsidiary of Sutton Resources. In March 1999, Barrick Gold Corporation acquired all the Sutton shares — including KMCL — for $500 million. 99.5% of the project is covered by political risk insurance from the World Bank's Multilateral Investment Guarantee Agency (MIGA) and Canada's Export Development Corporation (EDC).
KMCL, former Sutton directors and Barrick deny that any of this happened and say that the miners were there illegally, that the evictions were "closely supervised and closely scrutinized, and that representatives of the police, government and the companies observed the whole process." They say that the evacuation process was "legal, peaceful and without incident."
They do not dispute that only a few miners received any compensation at all.
In July, Barrick Gold sent Kent Thomson (a corporate lawyer) to Bulyanhulu to investigate on their behalf. Barrick and former Sutton directors accuse MiningWatch Canada, LEAT and other NGOs of making "false and scandalous claims", and have claimed that we are raising the issues to generate funding for ourselves.
LEAT has asked that you write to the Tanzanian High Commission, the Canadian government and the EDC asking that the charges be dropped and an international independent investigation be constituted to look into the case.
Example letters are attached.
letter to Dr. Ben Moses, High Commissioner to Canada, United Republic of Tanzania
letter to the Honourable John Manley, Minister of Foreign Affairs
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Dr. Ben Moses,
High Commissioner to Canada
United Republic of Tanzania
50 Range Road
Ottawa, Ontario
K1N 8J4
26th November 2001
Your Excellency,
re: Arrest of LEAT lawyers and opposition party leader and police raid on LEAT offices
MiningWatch Canada is a pan-Canadian non governmental coalition of labour, church, Aboriginal, environmental and social justice organizations which focuses on responsible mining practices. For the past year we have been following the investigation of alleged human rights abuses during the clearance of land at the EDC-backed Bulyanhulu Gold Mine in Tanzania.
We are writing to express our grave concern at the arrests on Saturday, November 24, of Mr. Rugemeleza Nshala, President of the Lawyers' Environmental Action Team, and the National Chairman of the Tanzanian Labour Party, Augustine Mrema. LEAT is a Tanzanian NGO which has been actively investigating the alleged killing of at least 62 gold miners, illegal evictions and destruction of livelihoods when the Bulyanhulu site was cleared of artisanal miners in August 1996. As of the time of writing, Mr. Rugemeleza has been freed on bail. Mr. Mrema is under house arrest in hospital. A warrant has been issued for the arrest of Tundu Lissu, who is out of the country. We understand that they are facing sedition charges. The police also searched their homes, turning them upside down. In what would appear to be an infringement of lawyer-client privilege, the police have apparently seized evidence given to LEAT by its clients — the families of the small-scale miners.
The raids follow wide publicity in the Tanzanian press of LEAT's investigation of the Bulyanhulu case. On Monday, November 19th, LEAT had held a press conference in which it reiterated its call for an international commission of inquiry to investigate the alleged killings at Bulyanhulu in 1996. The conference came a week after LEAT wrote to the Director of Criminal Investigation telling him that it did not think the police force had any moral authority to re-investigate the killings given their alleged complicity in the crimes. It had also declined to hand over the police videotape which it had obtained unless and until the police provided the information it claimed was available that disproved the allegations of the killings.
We believe that the police raids are an attempt to intimidate LEAT into silence. In our view, the arrests constitute a serious violation of Mr. Rugemeleza's, Mr. Mraeme's and Mr. Lissus's human rights and we join LEAT in urging that the Government of Tanzania takes immediate steps to drop the charges.
We request that you forward our concerns to the Government of Tanzania.
Yours sincerely,
Joan Kuyek,
National Co-ordinator
The Honourable John Manley
Minister of Foreign Affairs
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
26 November 2001
Dear Mr. Manley:
re: Bulyanhulu Gold Mine, Tanzania: Arrest of LEAT lawyer and Opposition Party Leader; Arrest of LEAT lawyers and opposition party leader, and police raid on LEAT offices
MiningWatch Canada is a pan-Canadian non governmental coalition of labour, church, Aboriginal, environmental and social justice organizations which focuses on responsible mining practices. For the past year we have been following the investigation of alleged human rights abuses during the clearance of land at the EDC-backed Bulyanhulu Gold Mine in Tanzania.
We are writing to express our grave concern at the arrests on Saturday, November 24, of Mr. Rugemeleza Nshala, President of the Lawyers' Environmental Action Team, and the National Chairman of the Tanzanian Labour Party, Augustine Mrema. LEAT is a Tanzanian NGO which has been actively investigating the alleged killing of at least 62 gold miners, illegal evictions and destruction of livelihoods when the Bulyanhulu site was cleared of artisanal miners in August 1996. As of the time of writing, Mr. Rugemeleza has been freed on bail. Mr. Mrema is under house arrest in hospital. A warrant has been issued for the arrest of Tundu Lissu, who is out of the country. We understand that they are facing sedition charges. The police also searched their homes, turning them upside down. In what would appear to be an infringement of lawyer-client privilege, the police have apparently seized evidence given to LEAT by its clients — the families of the small scale miners.
The raids follow wide publicity in the Tanzanian press of LEAT's investigation of the Bulyanhulu case. On Monday, November 19th, LEAT had held a press conference in which it reiterated its call for an international commission of inquiry to investigate the alleged killings at Bulyanhulu in 1996. The conference came a week after LEAT wrote to the Director of Criminal Investigation telling him that it did not think the police force had any moral authority to re-investigate the killings given their alleged complicity in the crimes. It had also declined to hand over the police videotape which it had obtained unless and until the police provided the information it claimed was available that disproved the allegations of the killings.
We believe that the police raids are an attempt to intimidate LEAT into silence. In our view, the arrests constitute a serious violation of Mr. Rugemeleza's, Mr. Mraeme's and Mr. Lissus's human rights and we join LEAT in urging that the Government of Tanzania takes immediate steps to drop the charges.
We believe that Canada has a duty to intervene with the Tanzanian authorities and to press to have charges against all three men dropped..We are asking you as the Minister responsible for the Export Development Corporation (EDC) to use your office to ensure that their human rights are protected and that LEAT's right to investigate the Bulyanhulu case — and to publicise its findings — is ensured.
Indeed, in our view, the arrests raise further serious doubts about EDC and MIGA's involvement in the project. As you know, LEAT and other NGOs have already written to EDC and to MIGA drawing their attention to what would appear to be major failures in the application of MIGA's and EDC's due diligence procedures with respect to Bulyanhulu. Although the clearances and alleged killings being investigated by LEAT took place prior to your direct involvement, ownership of the land from which, according to local sources, as many as 600,000 artisanal miners were evicted was disputed and a court injunction was in place forbidding the evictions. No compensation or alternative resettlement of the artisanal miners was provided. As such, the evictions appear to have been in direct contravention of MIGA and EDC policies as well as with the laws of Tanzania. Indeed, there is thus a strong case that MIGA's resettlement policies should have been applied to the project since those who had been evicted still had a claim to the land at the time that MIGA became involved. MIGA not only failed to apply its resettlement policies but also appears to have taken at face value claims by the company that the evictions were "peaceful". Evidence available at the time directly challenged this view and a MIGA official has since admitted in an email that the evictions were "forceful" and "swift".
LEAT and other NGOs, including MiningWatch Canada, have already outlined these concerns to World Bank President James Wolfensohn and to the EDC. The Tanzanian groups have also raised these issues with the Tanzanian authorities. Whereas the latter have been conspicuously silent, MIGA, Barrick and Sutton have responded vigorously, denying the evidence presented. LEAT has responded point by point to the denials made by MIGA and the company. Most recently, LEAT has obtained and published the names of 36 of the 62 miners that are alleged to have been killed and has obtained witness statements backing its concerns. In addition to obtaining a police video made as part of the official (but wholly inadequate) investigation into the allegations, LEAT has also obtained a company video of the clearances.
We are asking you as Minister to take up this issue and specifically to investigate the following:
1. Did Barrick and its Tanzanian subsidiary mislead EDC and MIGA when describing the evictions at Bulyanhulu as peaceful. If so, will the Canadian government press for a suspension of the EDC guarantee on the basis that there was a breach of the duty to disclose material information concerning the project.
2. Given that the allegations were widely reported in the Tanzanian press, as well as by human rights groups such as Amnesty International, did EDC undertake a rigorous due diligence investigation of the allegations prior to recommending approval of the guarantee to the Board. If not, why not? And what steps will the Canadian government recommend should be taken to penalize those involved?
3. Did EDC investigate the legality of the licence issued the Kahama Mining Corporation? Given subsequent evidence presented to the EDC and the Tanzanian Government as to the licence's questionable legality, will the Canadian government press for this issue to be re-investigated?
4. Given that that local courts had injuncted the evictions, and that ownership of the land was disputed, did MIGA or EDC request a legal opinion as to whether or not the MIGA resettlement policy should have applied to the project? If yes, what was the substance of the opinion? If not, why not?
5. Given that Barrick and MIGA now acknowledge that violent deaths occurred at Bulyanhulu, as confirmed in the video evidence presented by NGOs, will the Canadian government press for an independent inquiry as to the cause of such deaths?
We believe that the case that something untoward occurred at Bulyanhulu during the evictions makes the case for an independent commission of inquiry overwhelming. The precedent for such an inquiry has already been set by the Morse Commission, which examined the World Bank's involvement in the Narmada Project in India. We would envisage the process for establishing the inquiry taking a similar form. We would also point out that Tanzania has a long and creditable history of conducting independent commissions.
A failure to respond positively and transparently to the concerns raised by Tanzanian groups over Bulyanhulu would send a disastrous message to mining companies operating in Tanzania, signaling that allegations of illegality will not be seriously and transparently investigated and punished. This is all the more so given reports that since the Bulyanhulu clearances, hundreds of thousands of other small-scale miners have been forcibly and illegally evicted from their lands to make room for Australian, British and South African mining companies. Further loses of lives have been associated with these clearances as well.
We thank you in advance for your attention and look forward to your soonest reply,
Yours sincerely,
Joan Kuyek,
National Co-ordinator
Mr. A. Ian Gillespie
President and Chief Executive Officer
The Export Development Corporation
151 O'Connor Street
Ottawa ON K1A 1K3
26 November 2001
Dear Mr. Gillespie:
re: Bulyanhulu Gold Mine, Tanzania: Arrest of LEAT lawyer and Opposition Party Leader; Arrest of LEAT lawyers and opposition party leader, and police raid on LEAT offices
MiningWatch Canada is a pan-Canadian non governmental coalition of labour, church, Aboriginal, environmental and social justice organizations which focuses on responsible mining practices. For the past year we have been following the investigation of alleged human rights abuses during the clearance of land at the EDC-backed Bulyanhulu Gold Mine in Tanzania.
We are writing to express our grave concern at the arrests on Saturday, November 24, of Mr. Rugemeleza Nshala, President of the Lawyers' Environmental Action Team, and the National Chairman of the Tanzanian Labour Party, Augustine Mrema. LEAT is a Tanzanian NGO which has been actively investigating the alleged killing of at least 62 gold miners, illegal evictions and destruction of livelihoods when the Bulyanhulu site was cleared of artisanal miners in August 1996. As of the time of writing, Mr. Rugemeleza has been freed on bail. Mr. Mrema is under house arrest in hospital. A warrant has been issued for the arrest of Tundu Lissu, who is out of the country. We understand that they are facing sedition charges. The police also searched their homes, turning them upside down. In what would appear to be an infringement of lawyer-client privilege, the police have apparently seized evidence given to LEAT by its clients — the families of the small scale miners.
The raids follow wide publicity in the Tanzanian press of LEAT's investigation of the Bulyanhulu case. On Monday, November 19th, LEAT had held a press conference in which it reiterated its call for an international commission of inquiry to investigate the alleged killings at Bulyanhulu in 1996. The conference came a week after LEAT wrote to the Director of Criminal Investigation telling him that it did not think the police force had any moral authority to re-investigate the killings given their alleged complicity in the crimes. It had also declined to hand over the police videotape which it had obtained unless and until the police provided the information it claimed was available that disproved the allegations of the killings.
We believe that the police raids are an attempt to intimidate LEAT into silence. In our view, the arrests constitute a serious violation of Mr. Rugemeleza's, Mr. Mraeme's and Mr. Lissus's human rights and we join LEAT in urging that the Government of Tanzania takes immediate steps to drop the charges.
We believe that EDC has a duty to intervene with the Tanzanian authorities and to press to have charges against all three men dropped. We are asking you as the CEO of the EDC to use your office to ensure that their human rights are protected and that LEAT's right to investigate the Bulyanhulu case — and to publicise its findings — is ensured.
Indeed, in our view, the arrests raise further serious doubts about EDC and MIGA's involvement in the project. As you know, LEAT and other NGOs have already written to EDC and to MIGA drawing their attention to what would appear to be major failures in the application of MIGA's and EDC's due diligence procedures with respect to Bulyanhulu. Although the clearances and alleged killings being investigated by LEAT took place prior to your direct involvement, ownership of the land from which, according to local sources, as many as 600,000 artisanal miners were evicted was disputed and a court injunction was in place forbidding the evictions. No compensation or alternative resettlement of the artisanal miners was provided. As such, the evictions appear to have been in direct contravention of MIGA and EDC policies as well as with the laws of Tanzania. Indeed, there is thus a strong case that MIGA's resettlement policies should have been applied to the project since those who had been evicted still had a claim to the land at the time that MIGA became involved. MIGA not only failed to apply its resettlement policies but also appears to have taken at face value claims by the company that the evictions were "peaceful". Evidence available at the time directly challenged this view and a MIGA official has since admitted in an email that the evictions were "forceful" and "swift".
LEAT and other NGOs, including MiningWatch Canada, have already outlined these concerns to World Bank President James Wolfensohn and to the EDC. The Tanzanian groups have also raised these issues with the Tanzanian authorities. Whereas the latter have been conspicuously silent, MIGA, Barrick and Sutton have responded vigorously, denying the evidence presented. LEAT has responded point by point to the denials made by MIGA and the company. Most recently, LEAT has obtained and published the names of 36 of the 62 miners that are alleged to have been killed and has obtained witness statements backing its concerns. In addition to obtaining a police video made as part of the official (but wholly inadequate) investigation into the allegations, LEAT has also obtained a company video of the clearances.
We are asking you as CEO of the EDC to take up this issue and specifically to investigate the following:
1. Did Barrick and its Tanzanian subsidiary mislead EDC and MIGA when describing the evictions at Bulyanhulu as peaceful. If so, will the Canadian government press for a suspension of the EDC guarantee on the basis that there was a breach of the duty to disclose material information concerning the project.
2. Given that the allegations were widely reported in the Tanzanian press, as well as by human rights groups such as Amnesty International, did EDC undertake a rigorous due diligence investigation of the allegations prior to recommending approval of the guarantee to the Board. If not, why not? And what steps will the Canadian government recommend should be taken to penalize those involved?
3. Did EDC investigate the legality of the licence issued the Kahama Mining Corporation? Given subsequent evidence presented to the EDC and the Tanzanian Government as to the licence's questionable legality, will the Canadian government press for this issue to be re-investigated?
4. Given that that local courts had injuncted the evictions, and that ownership of the land was disputed, did MIGA or EDC request a legal opinion as to whether or not the MIGA resettlement policy should have applied to the project? If yes, what was the substance of the opinion? If not, why not?
5. Given that Barrick and MIGA now acknowledge that violent deaths occurred at Bulyanhulu, as confirmed in the video evidence presented by NGOs, will the Canadian government press for an independent inquiry as to the cause of such deaths?
We believe that the case that something untoward occurred at Bulyanhulu during the evictions makes the case for an independent commission of inquiry overwhelming. The precedent for such an inquiry has already been set by the Morse Commission, which examined the World Bank's involvement in the Narmada Project in India. We would envisage the process for establishing the inquiry taking a similar form. We would also point out that Tanzania has a long and creditable history of conducting independent commissions.
A failure to respond positively and transparently to the concerns raised by Tanzanian groups over Bulyanhulu would send a disastrous message to mining companies operating in Tanzania, signaling that allegations of illegality will not be seriously and transparently investigated and punished. This is all the more so given reports that since the Bulyanhulu clearances, hundreds of thousands of other small-scale miners have been forcibly and illegally evicted from their lands to make room for Australian, British and South African mining companies. Further loses of lives have been associated with these clearances as well.
We thank you in advance for your attention and look forward to your soonest reply,
Yours sincerely,
Joan Kuyek,
National Co-ordinator