Regulation of Mining in the East African Community in the Context of Globalisation

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Regulation of Mining in the East African Community in the Context of Globalisation REGULATION OF MINING IN THE EAST AFRICAN COMMUNITY IN THE CONTEXT OF GLOBALISATION PhD Dissertation Emmanuel MUSHIMIYIMANA Supervisor: Prof. Dr. Katja WERTHMANN Institute for African Studies Faculty of History, Arts and Area Studies University of Leipzig, German Leipzig, 29.07.2019 Dedication To almighty God, To my family and friends, I dedicate this PhD thesis. ii AKNOWLEDGEMENT I would like to acknowledge the warm welcome that Rwanda Mining, Petroleum and Gas Board gave me while doing fieldwork in Rwanda. I recognise the time given to me by different employees of the institution during interview period. Furthermore, I am grateful to employees from Tanzania Ministry of Energy and Minerals who accepted to talk to me and provided some written data on recent mining acts of 2018. Many thanks to people from Uganda who accepted talking to me during interview period. I would like to acknowledge the host families in Tanzania including that of Felix Mlay and Dr. Kibona who accepted to host me in their home place during my stay in Dodoma and in Dar-es-Salaam. Their family neighbours and relatives showed me a warm welcome. I am very grateful to my supervisor Prof. Dr. Katja Werthmann and her colleagues from the African studies institute and SEPT programme, for the support and encouragement. I acknowledge your endeavours and guidance. I am grateful to Prof. Dr. Rainer Schmidt for his moral and academic support to me and to the other PhD students from Rwanda. His effort shows not only academic and professional support but also the will to help Rwandans in capacity building. Many thanks to my editor and proof-reader Miss Harriet Gardner. Your tireless endeavour to read and correct my texts was helpful to make my dissertation readable. I acknowledge institutions that supported me in this scholarship including the Government of Rwanda, the Government of Germany, DAAD, the Ministry of Education, Rwanda Education Board, the University of Rwanda and the University of Leipzig. May God bless you all! iii LIST OF ABBREVIATIONS AND ACCRONYMS ADF: Allied Democratic Forces composed of National Army for Liberation of Uganda, the Uganda Muslim Liberation Army, and Tablighi Jamaat Movement AFRICOM: African Command (USA) AGOA: African Growth and Opportunity Act AIP: Autarkic Industrial Policy ASM: Artisan and Small-Scale Mining AU: African Union BBC: British Broadcasting Corporation BHP Billion: Austro-British Mining Company BIG: Basic Income Grant (Namibia) BMM: Burundi Musongati Mining BSP: Better Sourcing Program BTB: Exploration and Prospecting Private Company from Canada CCM: Chama cha Mapinduzi – Tanzania Revolutionary Party CD Plates: Compact Disk CDR – Coalition pour la Defence de la Republique – Coalition for the Defence of the Republic CEA: Central East Africa CEFC: Chinese Energy Financial Conglomerate (Private) CEPGL: Communaute Economique des pays des Grands Lacs – Economic Community of the Great Lakes Region countries of Africa CHADEMA: Chama Cha Mapinduzi (Revolutionary Party) iv CMERIC: Consolidated Mineral & Energy Resources Investment Co Ltd CNOOC: Chinese Offshore Oil Company Coltan: Colombo Tantalite COMESA: Common Market for East and Southern Africa CSR: Corporate Social Responsibility DAAD: Deutscher Akademischer Austauschdienst (German Academic Exchange Service) DFID: Department of International Development (United Kingdom) DRC: Democratic Republic of Congo EAC: East African Community EALA: East Africa Legislative Assembly EBA: EU Everything but Arms ECOWAS: Economic Community of West African States EEAS: European External Action Service EITI: Extractive Industry Transparency Initiative EMA: Environmental Management Act EPA: Economic Partnership Agreement with EAC and EU EPA: Tanzanian External Payment Arrears EU: European Union FBI: The Federal Bureau of Investigation -USA FCPA: Foreign Corrupt Practice Acts FDI: Foreign Direct Investment FDLR: Forces Democratiques Pour la Liberation du Rwanda – Democratic Forces for Liberation of Rwanda v FIU: Tanzania Financial Intelligence Unit (Kitengo cha Kuchunguza Fedha) FMCs: Foreign Mining Companies FRW: Franc Rwandais (Rwanda national currency) GBV: Gender Based Violence GDP PPP: Gross Domestic Product Purchasing Power Parity GIZ: Deutsche Gesellschaft für Internationale Zusammenarbeit (German Organisation for International Cooperation) GLR: Great Lakes Region of Africa GNI: Gross National Income GNP: Gross National Product GS: Genuine Saving HDI: Human Development Indicators HIV-AIDS: Human Immunodeficiency Virus and Acquired Immunodeficiency Syndromes HSBC: The Hongkong and Shanghai Banking Corporation ICGLR: International conference for the Great Lakes Region IDAS: International Defence and Security IMF: International Monetary Fund INGOs: International Non-Governmental Organisations IOs: International Organisations ISO: International Standards Guidance for Social Responsibility IT: Information Technology ITA: International Tin Association ITRI: International Tin Research Institute vi KML: Kilembe Mining Limited LSM: Large Scale Mining MCI: Mineral Contribution Index MDAs: Mineral Development Agreements MDR – Mouvement pour la Democratie au Rwanda – Movement for Democracy in Rwanda MECOSUR: Mercado comun Del Sur – Latin America common market. MID: Mining Induced Displacement MINETAIN: Rwanda-Urundi Tin Mines Company – Societe des Mines d’Etain du Rwanda- Urundi MINIRENA: Ministry of Resources and Environment that latter split into the Ministry of Environment and the Rwanda Mines, Petroleum and Gas Board MNCs: Multinational Corporations MRND: Mouvement Republicain National pour la Democracy et le Development – National Republican Movement for Democracy and Development NGOs: Non-Governmental Organisation NOBLE: Metal Mining Company NRG: New Resolution Geographics NRM: National Resistance Movement OBM: Office Burundais des Mines et Carrieres – Burundi Mining Board OECD: Organisation for Economic Co-Operation and Development PCCB: The Prevention and Combating of Corruption Bureau (PCCB) (Taasisi ya Kupambana na Kuzuia Rushwa) PGW: Paterson, Grant & Watson Limited – a Geology-Driven Geophysical Consulting PL: Parti Liberal – Liberal Party vii PSD -Parti Socialiste Democratique – Social Democratic Party REB: Rwanda Education Board RECs: Regional Economic Communities RMB: Rwanda Mines, Petroleum and Gas Board RNRA/GMD: Rwanda Natural Resource Authority/Geology and Mines Department RRA: Rwanda Revenue Authority RPF: Rwanda Patriotic Front SADC: Southern Africa Development Cooperation SOMUKI: Muhinga-Kigali Mining Company – Societe Miniere de Muhinga-Kigali SONANGOL: Sociedade Nacional de Combustiveis de Angola – The Angolan National Oil Company SSA: Sub-Saharan Africa TANPOWER: Tanzania Power Company TDHRC: National Coordinator of Tanzania Human Right Defenders Coalition Three (or 3) TG: Tin, Tantalum, Tungsten and Gold (mostly used in EU as conflict minerals) Three (or 3) Ts: Tin, Tantalum and Tungsten (technical term to sum up those metals). TI: Transparency International TIFA: Trade and Investment Framework Agreements between EAC and USA TINCO Group: A mining company that owns Rutongo Tin Mines TMAA: Tanzania Mineral Audit Agency TRA: Tanzania Revenue Authority TZS: Tanzanian Shilling (national currency) UGS: Ugandan Shilling (national currency) viii UN: United Nations UNCTAD: United Nations Conference on Trade and Development UNDOC: United Nations Office on Drugs and Crime UNDP: United Nations Development Programme UNECA: United Nations Economic Commission for Africa UNITA: The National Union for Total Independence of Angola USA: United States of America USD: US Dollar WMP: Wolfram Mining and Processing Ltd ix TABLE OF CONTENT Dedication ............................................................................................................................................... ii AKNOWLEDGEMENT .............................................................................................................................. iii LIST OF ABBREVIATIONS AND ACCRONYMS .......................................................................................... iv TABLE OF CONTENT .......................................................................................................................... x LIST OF TABLES ...................................................................................................................................... xv CHAPTER ONE ......................................................................................................................................... 1 1. INTRODUCTION ............................................................................................................................... 1 1.1. Background ............................................................................................................................. 1 1.2. Contribution of research ......................................................................................................... 5 1.3. The statement of the problem ................................................................................................ 7 1.4. Research question ................................................................................................................... 8 1.4.1. Specific Research questions: ............................................................................................... 8 1.5. Research objective .................................................................................................................. 8 1.6. Methodology ..........................................................................................................................
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