Analysis of Legislative Reforms in Consolidating Citizens’ Participation in the Mining Sector in Tanzania

Authors

  • Evaristo Longopa

Keywords:

Citizens Participation, Mining Sector, Legal Reforms, Permanent Sovereignty, Tanzania

Abstract

This article analyses the participation of Tanzanians in the extractive sector since reforms were introduced to natural wealth and resources in general, specifically, mining operations in 2017. It expounds on the extent to which the right to participation of Tanzanians in resource governance is consolidated and reinforced.
This study observes that the current legislative framework on natural wealth and resources governance provides extensively on the participation of Tanzanians in the exploitation of mineral resources. These include a duty to respect and uphold constitutional protections by all investors, reserving Primary Mining and gemstones licences to Tanzanians, employment and training of nationals, observance of Local Content Plans, increased Corporate Social Responsibility accountability and effective participation of Local Government Authorities, and the need for mineral beneficiation in Tanzania. Indeed, there have been witnessed achievements in the mining sector, including the establishment of mineral markets and trading centres, promotion of small-scale miners, increased employment of Tanzanians and their participation in decision-making processes, procurement of goods and services available in Tanzania as well as increased accountability on Corporate Social Responsibility projects.
However, some challenges hinder the effective participation of Tanzanians in the mining sector. These include disparities in emoluments between Tanzanians and foreigners with similar qualifications, lack of clear understanding of the mandate of local government authorities and their limited participation in prioritization of CSR projects, lack of up to standards required of goods and services available and minimal implementation of local content plans by some mining entities. Thus, the study calls for the ameliorating of all these challenges to enhance Tanzanians' participation in the mining sector.

Author Biography

Evaristo Longopa

LL.B, LL.M and PhD (University of Dar es Salaam). Dr. Evaristo Longopa was a lecturer of law at the University of Dar es Salaam. He is currently serving as the Deputy Attorney General of the United Republic of Tanzania. ORCiD 0000-0002-3237-7828

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Published

2022-12-31

How to Cite

Longopa, E. (2022). Analysis of Legislative Reforms in Consolidating Citizens’ Participation in the Mining Sector in Tanzania. The Journal of African Law and Contemporary Legal Issues, 1(1), 45–70. Retrieved from https://jalcli.udom.ac.tz/index.php/journal1/article/view/19