Monthly Archives: April 2017

Kenya: Mining firm puts Kwale work on hold

By Otiato Guguyu | Friday, Apr 14th 2017 at 23:30

Mining firm Base Titanium has put off mineral exploration plans in Kwale County over what it says are rising political temperatures in the country.

The firm said it will have to wait until next year to explore potential finds in consultation with winners of the upcoming polls and local communities.

“Political tensions made drilling in the North Eastern sector untenable. Our intentions are to engage the communities and ask for consent after the elections,” Base Titanium External Affairs Manager Simon Wall said in Nairobi on Wednesday.

Awaiting nod

ALSO READ: Kakamega’s Rosterman gold mining banned

During the first quarter of this year, the firm managed to drill 773 holes prospecting for further mineral finds beyond its areas of operations. The firm has reported finds of potential deposits in Eastern sections, South Western sections and Magisini area.

Base Titanium has already applied for a special prospecting licence towards the Tanzanian border and has been given the green light by the Mining Ministry.

The company is, however, awaiting the nod from the Mineral Rights Board, which was only recently constituted.

“Regulations on licensing and permitting are still in Parliament and we are hoping they will be through by May this year so we can oprationalise the licence,” said Mr Wall.

Base Titanium has also received five prospecting licences from Tanzanian authorities and plans drilling across all five blocks by September this year.

During the first quarter, the company’s production fell from three million tonnes to 2.6 million tonnes.


Tanzania’s Magufuli Walking the Talk on Mineral Sand Exports

The president who is nicknamed “The Bulldozer” has been fulfilling his presidential campaign promises, the latest issue he has tackled is his promise to stop the exporting of mineral sands for processing outside the country.

President John Magufuli yesterday directed a new team sworn-in to probe mineral sands to conduct thorough investigations to establish the amount of containers that have been exported for the last 19 years.

In the same vein, the head of state has tasked the squad to establish types of minerals, their monetary value and amount contained in such containers, a statement issued in Dar es Salaam by the Directorate of Presidential Communications stated.

Dr Magufuli issued the instruction after swearing-in the second special team he named on Monday to examine the contents of mineral sand in containers held in various parts of the country.

This time around, the team comprises economists and lawyers while the first was made up of geologists, chemists and scientists. The team members are Professor Nehemiah Eliachim Osoro, Professor Longinus Kyaruzi Rutasitara, Dr Oswald Joseph Mashindano and Mr Gabriel Pascal Malata.

Others are Mr Casmir Sumba Kyuki, Ms Butamo Kasuka Philip, Mr Usaje Benard Usubisye and Andrew Wilson Massawe. “Get on with it…we need to know how many containers have been exported since 1998…types of minerals…how many tonnes of gold, coppers and silver.

“How many containers are being shipped per month? Your study should answer these questions,” he directed, adding that the team must also find out how much the country had earned…thus far…from the exports.

He also tasked the team to examine the legal aspects and see what law says about the exportation. The president noted that it was high time the country benefited from her natural resources, adding that he was not ready seeing Tanzanian resources benefit foreigners while locals were suffering.

Meanwhile, Dr Magufuli yesterday received the 2015/2016 Performance Report from the Prevention and Combatting of Corruption Bureau (PCCB). The report presented by the anti-graft body’s Director General, Mr Valentino Mlowola, among others, dwells on ‘success stories’ recorded in the anti-corruption campaign as well as the challenges facing the force.

Mr Mlowola noted that there had been positive response from the citizens in reporting corruption claims, consequently pushing up number of graft cases filed in various courts of law.

The DG said the anti-graft body has been able to save 53bn/- since President Magufuli came into power up from 7bn/- recorded in the last administration. He said they successfully managed to control revenue losses through tax evasion and project funds mismanagement.

Dr Magufuli hailed PCCB for ‘work well done’ and pledged that the government would lend its full support to ensure the war against graft succeeded, urging that all “those proved to have been involved in corruption are dealt with seriously.”

“We can’t make it without containing corruption. I thus ask Tanzanians and all other relevant authorities to cooperate in fighting corruption,” he said, showing dissatisfaction with legal actions against the culprits.

Tanzania: Mineral Sands Probe – After the Science, Now the Real Food


President John Magufuli yesterday directed a new team sworn-in to probe mineral sands to conduct thorough investigations to establish the amount of containers that have been… Read more »

Tanzania: How Magufuli Copper Concentrate Prophesy Came to Pass


President John Magufuli yesterday named a second team of experts to join an ongoing investigation into the mineral content in hundreds of tonnes of copper concentrate withheld in… Read more »

Tanzania: Magufuli’s Prophesy Comes to Pass


President John Magufuli yesterday named a second team of experts to join an ongoing investigation into the mineral content in hundreds of tonnes of copper concentrate held in… Read more »

Tanzania: Magufuli Appoints Another Committee for Mineral Sand Saga


To reinforce his order to investigate mineral sands saga in Tanzania, President John Pombe Magufuli has formed another committee with the same aim, now comprising renowned… Read more »

Tanzania: Key Challenges, New Directions in Tanzania’s Mining Sector


The conundrum facing Tanzania’s mining sector has its roots in the country’s colonial history. Today, 56 years after independence, integration of the sector into the national… Read more »

Tanzania: Magufuli Leads Off Mineral Sand Team


President John Magufuli has ordered security machineries in the country to make sure that nobody blocks the newly formed committee of experts from conducting its… Read more »

Tanzania: Mining Firms Oppose Ban On Mineral Exports


Mining companies are facing vast capital outlays and potential losses as a result of a ban on exports of unprocessed minerals by Tanzania. Read more »

Tanzania: Sand Containers Retained At Dar Port


TWENTY containers of mineral sand from the Lake Zonebased mines remain stranded at the Dar es Salaam Port, pending thorough investigations. Read more »

Tanzania: Ban On Mineral Sands Export to Stay


President John Magufuli has reiterated the ban on the exportation of mineral sands, and has directed the minister of Energy and Minerals, Prof Sospeter Muhongo, to ensure the ban… Read more »


Clifford Chance: global businesses will pay for human rights abuses

By Eduardo Reyes
31 March 2017

Large companies will come under increased pressure during 2017 to provide effective ‘remedies’ to victims of business-related human rights abuses, according to a report by magic circle law firm Clifford Chance.

The report, published this week, is based on an analysis of developing law, action by UN bodies, and legislative changes planned in key jurisdictions. It was co-authored with the Global Business Initiative on Human Rights.

Referencing the UN Guiding Principles on Business and Human Rights (UNGP), the report’s authors noted widespread adoption of ‘policies and due diligence processes aimed at respecting human rights’. But, they added: ‘Less progress has been made to implement the UNGP’s framework for victims of business-related human rights abuse. This so-called “forgotten pillar” will receive specific attention in 2017.’

Professor John Ruggie, architect of the principles, has described the ‘patchwork of mechanisms’ as ‘incomplete and flawed’. Measures to correct this are now accelerating, the report concluded.

Last year the UN’s Office of the High Commissioner for Human Rights issued guidelines for states detailing urgent areas for attention for member states. Guidelines demanded ‘domestic law tests for corporate legal liability’, ‘criminal sanctions’ and action on ‘financial obstacles for legal claims’.

An intergovernmental working group, established in October 2016, has made progress in developing ‘an international legally binding instrument to regulate, in international human right law, the activities of transnational corporations and other business enterprises’. 47 UN member states support its position.

In a separate development, eight EU member states are backing calls for legislative action on business and human rights to be taken by the European Commission.

Jurisprudence referenced as cross-border business liability for human rights abuses should receive close attention, the report said. Notable cases included Canadian cases Araya v Nevsun and Choc and others v Hudbay, and England and Wales case Lungowe v Vedanta.