Tuesday, 4 July 2017

Tanzania - Lines up with the Rest of World over Mineral Rights


Mineral rights ownership – what is it?
Mineral rights ownership refers to who owns the rights to extract minerals – that is, oil, gas, gold, coal and other metals and minerals – from lands located in that country. This ownership is very important, since the rights confer considerable potential for profit from the extraction of these minerals.
In virtually all countries around the world, the owner of the surface land – be it a house or farmland – has absolutely no rights with regards to mineral ownership. Indeed, it is the central governments or monarchs who own such rights. For example, in the United Kingdom, the Queen in theory owns all the rights to extract minerals from all lands in the country, including those lands located offshore. In practice, of course, this ownership is actually governed by the central government.
Tanzania Endorses Bills On Natural Resources
Parliament yesterday passed two mineral resources bills after a highly partisan debate that affected the quality of new inputs to the proposed laws.

The Minister of Constitutional and Legal Affairs, Prof Palamagamba Kabudi, told the House that the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Bill, 2017 and the Natural Wealth and Resources (Permanent Sovereignty) Bill, 2017 sought to bring sweeping changes regarding the management of Tanzania's natural resources.
Quoting one of the speeches of the Father of the Nation, Mwalimu Julius Nyerere, Prof Kabudi termed the laws "redemption" for Tanzania.
"The revolution we are seeking is for all of us... it is not for a few people. When they bullied us, we were all bullied... when they exploited us, we were all exploited and when they ignored us, we were all ignored. It was our weakness that made it easy for us to be bullied, exploited and ignored. The revolution that we seek must be for all of us so that a Tanzanian should no longer be weak for people to use that weakness to exploit and ignore him or her," said Prof Kabudi, borrowing from one of Mwalimu's speeches.
That set the tone for heated debate in the House that saw MPs from the ruling CCM endorse the bills unconditionally, while the Opposition said that much as it supported efforts to protect Tanzania's natural resources, it was concerned that the proposed laws had been rushed through Parliament.
Addressing journalists shortly after the morning session, the Leader of the Official Opposition in Parliament, Mr Freeman Mbowe, said they too wanted Tanzania's natural resources to be protected, but added that the newly endorsed proposed laws would discourage prospective investors.
"We don't oppose any decision that seeks to protect our natural resources...far from it. What we are against is the time it has taken Parliament to pass the two bills," he said, adding that what the Opposition expected was for the process to be more inclusive.
Mr Mbowe said the Opposition feared the decision to ram the bills through Parliament would send the wrong signals to investors.
"As a result, we may not even get what we had planned to get," he said.
Earlier in Parliament, four opposition MPs - Ms Cecilia Paresso (Special Seats-Chadema), Mr John Heche (Tarime Rural-Chadema), Mr John Mnyika (Kibamba-Chadema) and Ms Riziki Mngwali (Special Seats-CUF) - voiced their concern about the speed with which the two bills were being passed.
But CCM lawmakers - including Mr Japhet Hasunga (Vwawa), Mr Adamson Mwakasaka (Tabora Urban), Mr Joseph Kasheku (Geita), Mr Deo Sanga (Makambako), Mr Peter Serukamba (Kigoma North) and Mr Sharrif Mansour (Kwimba) - said the opposition's fears were baseless.
"It makes little sense for the Opposition to claim that they oppose the bills because they were tabled under a certificate of urgency and yet during the run-up to the 2015 General Election they (the Opposition) picked their presidential candidate (Mr Edward Lowassa) under a similar arrangement," Mr Kasheku said amid laughter.
Mr Zitto Kabwe (Kigoma Urban-ACT-Wazalendo) said the quality of debate did not match the seriousness of the bills they were about to endorse.
"We were supposed to have these laws as soon as we attained independence... these are revolutionary laws that for the first time state that our natural resources will be owned by Tanzanians," he said.
Article Source: The Citizen allAfrica