THE NYAMONGO –TARIME MASSACRE AND HUMAN RIGHTS CRISIS

Compiled by;

Nyembea Stanslaus

0717082304

nyembeason@yahoo.com

 Tarime Live-

Criminal case no. 210/2011

The police army, on 16^th May 2011 intentionally shot dead five people in Nyamongo-Tarime and inflicted seriously bodily harm to many others alleging that they invaded one of the Barrick Gold mines at Nyamongo-Tarime district.

As part of its work, LEAT sent a special research/fact finding mission to collect facts regarding Nyamongo-Tarime massacre and impunities reportedly taking place on 16^th May 2011. The fact finding mission composed of Mr. Stanslaus Nyembea (LEAT) and Evans Sichalwe (LHRC).

On n 25^th May 2011, LEAT had an interview with some of the eye witnesses and family members of the deceased.

In the interview, LEAT satisfied itself that five people, most of them youth aged between 20-32 years were inhumanly killed by police. The gunning of the deceased was intentionally done.

Herein below is the list of the deceased:

S/N	NAME OF THE DECEASED	AGE	PLACE OF LIVING	SHOT PART OF THE BODY	INTERVIEWED
1	Emmanuel Magige	27 yrs Single	Nyakunguru-Nyamongo	Back-with 2 bullet moulage wounds (waist-1 bullet Back-1bullet	Magige Gati-the father of the deceased
2	Chacha Ngoka Chacha	19 yrs-Single	Kiwanja-Nyamongo	Back and the bullet came out through chest.	Uncle- Gasaya Matiko Maisaya.
3	Chawali  Boke	28yrs- Married with 3 kids	Sedeko-Serengeti	Back of the Head and it came out of through face.	Brother-Mkono Boke
4	Mwikwabe Marwa Mwita	32 yrs-Married with 4 kids.	Kitunguruma-Serengeti	Waist/stomach	Brother-Chacha Marwa Mwita
5	Chacha Mwita	25 years-Single	Nyamongo and was buried at Bizaru through gvt intervention to hide the fact.	3Bullet moulage wounds on his back	Step brother-Marwa Mwita

Key facts collected by LEAT:

1.        Police force used excessive force

2.      Killings were done intentionally.

3.       The deceased and others who were alleged to invade the Barrick gold mine were completely unarmed.

4.      The deceased and other gunned victims were collecting leftovers outside Barrick Mines after been permitted by police on duty.

5.       Mr. John Henjewele, DC for Tarime is allegedly to be behind the killings and is extra happy with this atrocity and human rights crisis and wishes the incident could have claimed more lives of the people. He was quoted telling the family members of the deceased that he wished more people could have been killed!

6.      The police refused to allow CHADEMA and family members to have public services for the last respect paying, previously arranged to be held at Saba Saba ground. The letter with Ref. No. TAR/A.14/3/B/226, dated 23/05/11 signed by Senior Superintend Police-SSP Eliakimu Massenga proves this.

7.      The government has, all the time, been behind this atrocity.

8.      On 25^th May 2011 around 10.00pm, police force full armed raided mortuary, beaten up and arrested family members of the deceased and took the deceased. Police force then left some of the bodies of the deceased by the roadside few metres from their homes/relatives.

    LOCK UPS OF THE CHADEMA, DECEASED FAMILY MEMBERS AND LEAT LAWYER.

LEAT, got a call from one of the interviewed relatives of the deceased around 10.00pm that police force has raided mortuary, severely beaten and arrested CHADEMA and family members who were guarding mortuary. Further police had taken the bodies from mortuary forceful, mercilessly, inhumanly and without covering the bodies with any piece of clothes (naked). The police force took the bodies to the villages where the deceased came from. It is important to note that some of the deceased were left by the roadsides. On his way to witness the incident, nearly 100 metres to the scene, LEAT lawyer, Mr. Stanslaus Nyembea was arrested and detained by police and later on charged of three counts namely; illegal gathering, criminal trespass and unlawful restraining medical officer from conducting post-mortem.

IN LOCK UPS

LEAT lawyer, Mr. Stanslaus Nyembea was detained at Tarime police lock-up. In lock ups, LEAT witnesses several human rights violations and mistreatment of the remandees. LEAT highlights some of the key human rights violations hereunder;

a.      Torture

There were three severely beaten and tortured inmates in the lock up where LEAT lawyer was locked up. They were suspected to be involved in armed robbery in Tarime suburbs. The suspects alleged to be arrested by police and taken to unidentified/secret torturing camp/house whereby they were tortured while their eyes covered by clothes. Hot and cold water were poured on their bodies rotationally. They were then slashed with sticks at different parts of their bodies. One of the victims, famous known as Bastard, was then tortured in different parts of his body by using pliers. Leather made robs were used by police to discipline the victims. Neither of them were taken to hospital despite their bad health conditions especially, Mr. Bastard.

Also, Mr. Stanslaus Nyembea met someone who was allegedly shot three times on his foot. The most important issue to take note is that he was shot after been arrested.

Further, Mr. Stanslaus Nyembea met someone who alleged to have been set free by the court and rearrested and held by police for a week. He was told that by the police that they wanted to take his photos as it seems that he was appearing to have committed several serious crimes. Amazingly, he was taken to police custody and   remanded for several days without been informed any allegations against him.

The victims told LEAT lawyer that famous torturing secret camps are in Tarime town and Utegi. However, the location can’t be traced as all victims were covered their eyes while heading to the places for such extra judicial and inhuman punishments. Further, some victims told LEAT that there is a forest place earmarked by police in Tarime, special for carrying out these inhuman activities.

Horribly, LEAT met one inmate, who informed us that he is a counsellor in one of the words in Tarime. He narrated to LEAT stories of the bodily harm inflicted on him by police. He was nailed nearby his ankles on both of his legs just like what the Bible tells us about Jesus.

TARIME REMAND PRISON SITUATION

LEAT met a shocking situation in Tarime remand prison. The prison has more 500 inmates kept in 12 cells, common known as “cello”. Interestingly, most of the inmates are youth aged between 18- 38 years. Hereinafter are some of the key issues that LEAT met with in prison;

a.     Alleged False imprisonment/Fabricated cases

The majority of the inmates are remandees charged of armed robbery and murder. LEAT had oral consultations with several inmates. LEAT noted that crimes every one charged of/with are un-bailable. The cases for most inmates are stuck or pending in courts as investigations are incomplete or going on, so they remain held in remand prison. Some of them have been held for up to three years.

The inmates, who consulted LEAT, had their cries thrown to police and DPP.  They told LEAT that most of the cases and crimes they are charged of, are either fictitious or/and police imposed on them. Actually, they claim most of them never committed such crimes. Some of them are rearrested soon after their release by the court and charged of other crimes using the same facts. One of the accused told LEAT that he has been in prison since 2008 and last year was charged of murder. The person he is alleged to have killed died in 2010 due to unknown reasons.

b.     Corruption allegations

The inmates informed LEAT that corruption is rampant in Tarime. The chief perpetrators mentioned and implicated in this illegal act and misconducts are police force and DPP office.

The inmates claimed that those who are able to offer bribes to police, and sometimes to DPP, their case files are either closed by lack of evidence or nolle prosequi. They claimed that for police or DPP to do so, between 1 -0.5 million Tanzanian shillings is required. 

c.      Young persons mistreatment

LEAT met two young persons, who are inmates in Tarime remand prison. Both of them are charged of murder. They are kept in cells with adults. The issue in contest lies on the legality of putting together young persons and the adults in the same cells. To LEAT’s view, this situation is not only illegal but also violates our culture and norms that our communities in Tanzania embrace. It should be born in mind that the remandees and prisoners in Tarime have both long and short calls on open spaces. Toilets and bathrooms are not enough and very dirty, so remandees help themselves on open spaces. 

d.     Inhuman treatment of the remandees

All remandees are ordered to take off/strip, in public, all clothes when back from the courts or when entering Tarime prison for the first time. They are checked/inspected while naked if they have anything hidden at their secret parts (most cases in anus). LEAT lawyer and 7 others were among of the inmates who experienced this serious violation of human rights. LEAT was told that this was an ordinary exercise in Tarime remand prison. To our view, no inhuman treatment can be compared with this. The right to privacy and human dignity is highly degraded.

WHAT SHOULD BE DONE

A.    To the Government of Tanzania;

LEAT proposes the following curative measures to address this intolerable human rights crisis:

1.        A special independent Commission should be formed and commissioned to probe on Nyamongo atrocity, the death toll since Barrick Gold Mine started its operations and the general human rights crisis since special police zone was put in place;

2.      The Commission for Human Rights and Good Governance should step in and address Tarime remand Prison concerns and deterioration of human rights conditions in Tarime;

3.       Those who were involved in Nyamongo killings, gunning of innocent people and human rights crisis in Tarime district should be held liable and take their responsibility;

4.      The government and police force officials including DC, RCO and RPC should step down as they are directly and indirectly involved and or implicated in this atrocity;

5.      The government should compensate the victims of the Nyamongo atrocity, human rights crisis; and

6.      The long lasting solutions for Nyamongo citizenry disorder and unrest between residents and Barrick Gold mine should be negotiated immediately.

7.      The chief justice is advised see the possibility of fast tracking clogged and possibly fabricated cases in Tarime to avoid justice to be delayed.

B.    To Non-Governmental Organizations;

1.        They should permanently station legal aid centre with competent advocates in Tarime to offer leg aid and court representations to Tarime residents irrespective of the nature of crimes they are suspected and charged with;

2.      Constant legal aid mobile clinics should be provided to Tarime district suburbs especially villages that are hosting Barrick Mines and mineral resource rich; and

3.       Continued awareness raising on natural resources and human rights should be enhanced to Tarime residents.

4.      Tarime impunities and tragedies should be given a special advocacy strategies

FRIENDS OF THE EARTH

Tanzanians Killed at Barrick’s North Mara Mine Not Forgotten

70 gather at the Munk School of Global Affairs

Approximately 70 people gathered today at a commemoration held for the seven individuals killed in Tanzania at African Barrick Gold’s North Mara Mine. Public outcry over this violence has been amplified by recent reports that local security/police forces employed by the mine have attempted to ban a memorial ceremony for the deceased. To the horror of many local families, these security forces also stole 5 of the 7 peoples’ bodies from the mortuary.

The company has claimed that this violence was in response to an invasion of 1500 local people looting for gold ore. For others however, the real crime can be linked to the history of large-scale mining in the region. Editor of ProtestBarrick Sakura Saunders comments: “This mine was built on displacement and dispossession of the local people. These communities have a long history of small-scale mining for their livelihood that has been taken from them. Now, these same communities are being criminalized for using the survival-mechanisms that they know. They are being killed for ‘stealing’ the same gold-laced sand that used to be theirs.”

Unfortunately, this is not an isolated case. According to Carlos Jimenez a member of the Mining Injustice Solidarity Network, local mining communities often feel negative impacts and experience economic losses. He also expresses other concerns as a U of T student. He states, “It is disgusting that the University of Toronto chooses to accept donations from an industry which destroys communities and legitimizes it under the rhetoric of development. We must evaluate what kind of influence mining companies have in communities both at home and abroad.”

U of T alumni soon-to-to be graduate student Kwanza Msingwana agreed. “Barrick Gold should be held accountable . . . rather than just take the goods of Tanzania and leave the people impoverished leaving the environment in a bad state so that people cannot continue to benefit from the environment.”

President of Science for Peace, Judy Deutsch also expressed concern for human rights violations as well as the toll that mining has on the environment as a whole. She states, “The focus needs to be on preserving cultivable land and preserving water, not sacrificing young people to enrich entrepreneurs such as what just happened at the North Mara mine.”

The names of the individuals killed in North Mara mine were read out loud: Emanual Magige, 27; Chacha Mwasi, 25; Chacha Ngoka, 26; Chawali Bhoke, 26; Mwikwabe Marwa, 35. Statements were also read from Tarime residents and advocates who work in the region.

Despite receiving formal invitations, no administrators of the Munk School of Global Affairs were available for comment.

Barrick's Bodysnatchers

Wanton killings, criminalization, and degradation continue at the North Mara Mine in Tanzania

 by SAKURA SAUNDERS

 FRIENDS OF THE EARTH, CANADA

A local man stands by a house in what used to be a rural area. It has almost since been overtaken by waste rock from Barrick's North Mara mine. PHOTO: NORWEGIAN CHURCH AID

NEW YORK, NY—On May 16, over a thousand people entered a mine in northern Tanzania, desperate to collect whatever gold they could from the modern industrial site that used to be their bread and butter. But instead of providing the displaced artisanal miners with a boost to their meager income, the day ended in horror. Seven men were killed, and at least a dozen wounded when police unleashed a hail of bullets.

The next day, African Barrick Gold, a subsidiary of Toronto-based Barrick Gold, released astatement admitting that seven people were killed and twelve injuried at their North Mara mine in Tanzania. The killings came at the hands of Tanzanian police, who Barrick originally claimed were under sustained attack by 800 "criminal intruders," later revised to 1,500, who illegally entered the North Mara mine to steal gold ore. Since this fatal confrontation, tensions have been high in the Tarime District, with an increase in the number of police, the deployment of water cannons, the arrest of journalists and two members of parliament for "instigating violence," and the theft of five of the seven bodies from the mortuary by police.

Confrontations between local people and the mine's security forces are not uncommon near Barrick's North Mara mine in Tanzania. As Bloomberg journalist Cam Simpson reported in a December 2010 feature story about the mine, before this latest massacre "at least seven people have been killed in clashes with security forces at the mine in the past two years." These security forces, according to company documents, include police who Barrick pays to guard its North Mara mine. 

“They are not arresting them or taking them to court,” said Machage Bartholomew Machage, a member of the Tarime District Council, the highest local government body, in an interview with Simpson. “They are just shooting them.”

One week after the most recent spate of killings, the police stormed a local mortuary and stole the bodies of four of the dead. This move, according to locals, was to prevent the villagers from holding a planned memorial service at the mine on Tuesday.

Police also arrested and charged two members of Parliament, a legal advisor, and journalists for "instigating people to cause violence." MP Tundu Lissu, who was among those arrested, was in Tarime to assist with post-mortem medical examinations of bodies to identify exactly which parts of the bodies of the deceased were shot by the police. 

“Normally if you shoot a person on the head it means you intended to kill them. However, if you shoot them on the leg it means you tried to stop them from doing something… this exercise will help us to know the police’s intention,” he explained to local journalists. Tundu was arrested two days later at the funeral of the local villagers killed by Barrick security. 

At this time, Lissu and six others remain in police custody and their bail has been denied. Meanwhile, the four journalists, MP Esther Matiko, and opposition cadre John Heche posted bail and were released after 6 hours in custody.

According to George Marato of Tazania's Guardian newspaper, these violent confrontations can be blamed in part on corruption amongst the security forces at Barrick's mine. According to his interviews with locals following the latest killings, police and company staff conspire to facilitate illegal entry into the premises to scoop sand with gold concentrates. For example, one group would pay one million shillings (around $650) in exchange for a half-hour of scooping sand from the ground.

The violent confrontations occur, according to Marato, when disagreements arise over the amount of compensation for company insiders, often due to hikes in "gold theft fees." He writes, "ensuing war of words turn into confrontations that provoke policemen to fire at the very people who had been co-conspirators not long previously."

This situation, according to Marato, is then compounded by local youngsters who attempt to force their way to the compound to scoop the sand free of charge.

Tensions with the locals can be traced back to the mine's early history of displacement and dispossession. Before the mine opened, an estimated 40,000 people living in the area, a large majority of the population, depended on small-scale mining for their livelihoods, according to a history compiled by the mine’s first proponent, Afrika Mashariki Gold Mines Ltd.

Small scale miners, represented by five villages, had mineral rights to the lands that they mined, but were forced to sell these claims to Afrika Mashariki under illegal and irregular circumstances, according to a legal complaint launched in July 2003 by the Lawyers Environmental Action Team (LEAT) on behalf of 1,273 former small-scale miners. In another lawsuit, 43 landowners alleged to have been paid no compensation, while being forcefully evicted from their lands.

Since then, there have been multiple fatal confrontations at the mine site. In December 2008, one such incident resulted in a civilian uprising where locals set fire to $7 million worth in mine equipment. This number, which was originally estimated at upwards of $15 million, is disputed by locals. As now, Barrick blamed the damage to equipment on "well-organized groups" that raided the mine site. However, signed affidavits [1, 2] from witnesses to the event claim that angry villagers had only set one Caterpillar loader on fire on a road outside the mine, after they had heard of the killing of their compatriot. These affidavits and others [3, 4] describe this incident in detail, as well as documenting the history of violence and impunity at the mine site, and the criminalization of community advocates following the murders.

* Barrick has since revised their estimate to closer to 1,500.

** This number, which was originally estimated at upwards of $15 million, is disputed by locals.

Sakura Saunders is the co-editor of protestbarrick.net, all-volunteer network of groups researching and organizing around mining issues, particularly involving Barrick Gold.

DHAHABU YA NORTH MARA: RASILIMALI ILIYOGEUKA LAANA KWA WATANZANIA

Na, Heri Ayubu



Mhe. Tundu Lissu (Mbunge)

 FRIENDS OF THE EARTH, TANZANIA.
Mnamo May 17, Kampuni ya BARRICK GOLD ilitoa tamko rasmi la kukubali mauaji ya watu 5 na wengine zaidi ya 20 kujeruhiwa katika eneo la mgodi. Mauaji yametokea chini ya mikono ya polisi, ambao kwa mujibu wa Barrick walikuja kuwasaidia kutokana na waliowaita ‘wavamizi zaidi ya 800’ ambao walitaka kuingia eneo mgodi kwa nguvu kwa lengo la kuiba mchanga wa dhahabu. Tangu tikio hili itokee kumekuwa na migogoro mikubwa katika eneo hilo, na kushuhudiwa kuongezeka kwa idadi ya polisi, machafuko na zaidi kutiwa nguvuni kwa Wabunge wawili, akiwemo Mhe. Tundu Lissu; waandishi wa habari wane; mwanasheria wa CHAMA CHA WANASHERIA WATETEZI WA MAZINGIRA- LEAT, Bwana Stanslaus Nyembea, pamoja na mwananchi mmoja.

Mgogoro na mauaji ya aina hii sio kitu kigeni, kwani mnamo mwaka 2010, mwandishi wa Habari wa shirika la Bloomberg, Cam Simpson alilipoti kuwa watu saba (7) waliuawa katika mgogoro huo na askali wa ulinzi wa BARRICK wakishirikiana na askali polisi (wanaolipwa na Barrick) katika mgogoro kama huu. Hivyo unapozungumzia ulinzi wa mgodi wa Barrick unajumuisha Jeshi la polisi pamoja na walinzi binafsi wa mgodi.

Mfumo wa utawala wa Sheria wa Tanzania unafahamika, ya kwamba ni MAHAKAMA pekee ndicho chombo chenye Mamlaka kisheria ya kumhukumu mtu kama Mkosaji na kumpa adhabu stahili. Kabla ya hapo mtu anayedhaniwa ni mharifu ni mtuhumiwa tu anayetakiwa kufikishwa kwenye mamlaka husika. Hili linamshangaza Mhe. Machage Bartholomew ambaye ni mjumbe wa Baraza la Wilaya alipohojiwa na mwandishi Simpson. “wanawapiga tu risasi, hawatii nguvuni na kuwafikisha mahakamani” alisema Mhe. Machage.

Historia ya mvutano huu inaweza kutazamwa kutoka kwenye matatizo ya uhamishwaji wa wakazi wa eneo la mgodi kupisha uwekezaji, pamoja na kunyang’anywa maeneo yao waliyokuwa wakifanya shughuli za uchimbaji mdogo (SMALL SCALE MINING). Kabla ya ‘uwekezaji’ wa wageni, eneo hilo lilikuwa na wachimbaji wadogo wasiopungua 40,000 (elfu arobaini) waliokuwa wakiendesha maisha yao kwa shughuli za uchimbaji wa madini. Wachimbaji hawa wadogo wanafanya jumla ya vijiji vitano (5) vilivyokuwa na HAKI ya kumiliki ardhi ya eneo la mgodi, LAKINI waliondolewa katika eneo lao kwa NGUVU na kinyume na taratibu na eneo kupewa iliyokuwa ikijulikana kama AFRIKA MASHARIKI GOLD MINES LTD, hii ni kwa mujibu wa kesi ililowasilishwa Julai 2003 na CHAMA CHA WANASHERIA WATETEZI WA MAZINGIRA (LEAT) ikiwawakilisha waliokuwa wachimbaji wadogo wapatao 1273. Katika kesi nyingine wamiliki wa ardhi zaidi ya 43 walidai kutolipwa fidia yoyote baada ya kuondolewa kwa nguvu kwenye maeneo yao.

Tangu wakati huo kumekuwa na migogoro isiyokwisha katika eneo hilo. Mnamo mwaka 2008 tukio moja la wananchi kudai haki zao lilipelekea kuchomwa moto kwa mali za kampuni zenye thamani ya Dola za kimarekani Million Saba ($ 7,000,000/-). Kwa mara nyingine BARRICK walitupa lawama kwa walivyoviita ‘vikundi vilivyojipanga’ kuvamia eneo lao. Mwezi mmoja baadae mwanakijiji mwingine alikufa mikononi mwa walinzi wa BARRICK. Hivyo migogoro na mauaji haya kwa makazi wa Tarime sio kitu kigeni kabisa, kwa mujibu wao imekuwa iktokea mara kwa mara na kumekuwa na tabia ya kuwaua kwa kuwaita wezi.

Pia jamii isisahau hata kidogo kile kilichotokea mwaka 2009, ambapo kemicali-sumu aina ya CYANIDE ilivuja na kuchanganyikana na maji yam to THIGITE, mto unaotumiwa na wanakijiji wa Nyamongo kama chanzo kikuu cha maji ya matumizi ya kila siku. Kutokana na tukio hilo, inakadiriwa watu wapatao Arobaini (40) walipoteza maisha, mamia wakiachwa na ulemavu wa kudumu na mifugo zaidi ya Mia Tano (500) ilikufa kutokana na kutumia maji yaliyochanganyikana na kemikali hiyo yenye sumu. Huzuni na Majonzi makubwa vimmeendelea kuwa mioyoni mwa Wakazi hawa na kuzaa Chuki na Hasira kubwa juu ya kampuni hii ya kigeni. Pia kuna kundi kubwa limeachwa halijiwezi baada ya kuathiriwa vibaya na maji hayo.

Kufuatia tukio hilo, Kitu cha kusikitisha ni wananchi walioathirika ndio waliotuhumiwa kuiba kapeti iliyokuwa chini ya ardhi (underground protective carpet) na kusababisha kuvuja kwa kemikali-sumu. Tuhuma hiyo, pamoja na kutaka kuwaweka hatiani wanakijiji wa kile kilichowaathiri wao wenyewe na kutaka kuisafisha kampuni ya AFRICAN BARRICK, imewanyima WAATHIRIKA HAWA hata haki yao ya kupata fidia kutokana na madhara waliyopata. Zaidi ya kuathirika kwa binadamu na mifugo mazingira kwa ujumla yaliathirika kwa kiasi kikubwa, na kuathiri rutuba na uwezo wa uzalishaji wa ardhi ambayo wanakijiji huitegemea kwa uhai wao.

“Unaweza ukapata picha ni hali gani waliyonayo wanakijiji hawa kwa maisha yao, baada ya yote hayo, wamekata tamaa na maisha……. Madini kuwa katika eneo lao imekuwa ni kama laana kwao…… selikali haipo upande wao tena bal indo hivi polisi na walinzi wanashirikiana kuwaua watoto wao na wanakijiji wenzao…… inasikitisha sana” Alisema mmoja wa waliohojiwa kwa masharti ya kutokaririwa.

Tukirudi kwenye mauaji ya hivi majuzi, kilichowashangaza wengi ni kitendo cha polisi ‘kuvamia’ chumba cha kuhifadhia miili wa marehemu (mortuary) na kuiba miili mine, kwa lengo la kuzuia wanakijiji kufanya maziko ya kumbukumbu ya pamoja yaliyopangwa kufanyika Jumanne ya tarehe 17^th May 2011. Hii ni kwa mujibu wa wanakijiji wa Nyamongo huko Tarime.

ATHARI ZA UCHIMBAJI WA MADINI KWA AFYA/MAISHA YA WATANZANIA

Mawasilisho katika Picha kama ilivyotokea huko North Mara - Tarime.
Lawyers' Environmental Action Team (LEAT)