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TANZANIA: New Mining Laws Offer 21st Century Best Practice

By Special Writer, NAIROBI. 

A recent Verisk Maplecroft’s article published on Mining.com attempt to cite Tanzania as one of the countries ranking “high” in resource nationalism in Africa. The article which presents its analysis based on the 2017 new amendments to mining laws introduced in Tanzania, to mining rights activists, is yet another fruitless attempt to distort the international community on our efforts to see equitable distribution of mineral wealth.

The article claims, among other provisions, the new requirement for a 16 percent free carried local ownership of shares in all future mining undertakings, amounts to a “high risk” and “resource nationalism.”

Let me say at the outset that, to me, having working on mining sector activism for over 20 years now, reading the analysis with a focus on its intellectual and professional foundation, I find it to be an apparent demonstration that fact-checking, fairness and objectivity are increasingly becoming alien rules among most modern western research institutions and their media.

In the analysis, without any aorta of evidence or data, we are forced to believe into the conclusion that Tanzania’s mining sector is ‘dropping from medium to extreme risk.’ The lack of research in the article is intriguing but understandable.

Contrary to the “extreme risk” demagogue, recent report by the Tanzanian Mining Commission proves that since 2017, and other prior reforms in the mineral wealth economy, the number of mining licenses requested by various investors, including foreign companies mainly from Australia, China and UK, were on the increase. I will produce some numbers.

The Verisk Maplecroft analysis goes on to argue that the so called ‘dropping from medium to extreme risk’ is also attributed to the introduction of export ban on unprocessed copper and gold. This argument is entirely unreasonable, only serving to reveal who is behind this research firm.

The truth is, Tanzania like many other countries mitigating on how to get rid of the chilling effect of the “resource curse” has lost a lot of money and missed opportunities for local industrialization due to the exportation of unprocessed minerals.

Available evidence suggests one area where most mining companies cheated on actual sales and revenues, and many countries are spearheading reforms, is now to control exports and increase local beneficiation to increase local wealth. These efforts are well captured on this UN published report: https://www.un.org/africarenewal/magazine/april-2009/mining-profit-africa%E2%80%99s-people.

Specifically commending the then reforms in Tanzania towards equitable distribution of mineral wealth, after years of lost opportunities, the report said: “Tanzania has made some progress in this area. In the past, gold- and diamond-mining investors often received tax concessions lasting up to 20 years. So while mining accounted for nearly half of Tanzania’s exports, the total taxes paid by all the mining companies combined amounted to less than the tax paid by a single local company, Tanzania Breweries.

“To address the problem, Tanzania set up an 11-member committee of government officials, mining experts and civil society representatives to look at how to make mining contracts work better for all. The committee’s recommendations were used in renegotiating existing agreements.”

To be precise, available data for mining exports, between 2007 and 2016 from Tanzania, suggest that whereas the total value of exports was to the tune of 16 billion USD, government total revenues, cumulative of all taxes and levies, was a mere 1.8 billion USD.

The reforms made by Tanzania’s government in the 2017 laws and prior to that are meant to create a balance on benefits and create more job opportunities to Tanzanians thus contribute to social-economic well being of the nation. Since then, local investment on smelting and beautification are on the rise.     

It is shocking to see the UK based firm strongly advocate for the status quo; unfair distribution of income and job creation between investors and the country, lack of win-win in the entire value chain and other unfair dealing in the industry. The new arrangement in Tanzania seeks to realign this age long imbalance.

I thought, reacting to an age long problem, a curse that left many countries poor despite abundant mineral wealth, Tanzania offers one of the best examples in managing mineral resources with a view to attain a win-win situation, but to Western media that causes big problems to their owners and associates.

However, I would always think and expect a fair analysis from respectable news and professional organization like mining.com who would professionally know that the 2017 new legislations are just a reinvigorated effort by the government of Tanzania to towards equitable sharing of mining benefits, and ultimately, improve transparency and good governance in the sector, but in vain.

Unfortunately, the reward from mining.com is for the country to be branded in the “extreme risk” category. Is this the modern day analysis of risk in the sector?

I was utterly most surprised also by the article’s perception on the 16 percent free carried share. To me, it was unfair for a country that owns the mineral resources, protecting it beneath its soils for ages, to only benefit from taxes and levies, which often times, would be lost on high pegged operational costs. Ownership was a factor that led to the “resource curse” in my conception.

How can someone who only brings technology and capital take full ownership of a country’s resource? To me, even the new proposal for a 16 percent free carried share, for future mineral deals in Tanzania, is still inconsequential.

Many countries are leading towards that end. The South African new mining charter actually had a 30 percent proposal in 2018, see: https://m.engineeringnews.co.za/article/mining-charters-free-carried-interest-requirement-worries-industry-2018-06-21.

I believe the Tanzanian reforms were fair, participatory and open enough for the industry to accept. It is no wonder that recent data reveals that from 2017 to March 2019, the Ministry of Minerals in Tanzania, through the Mining Commission, has approved over 7,320 new mining licenses and three large investors are waiting approvals to invest a staggering 300 million USD in the sector.

All these companies have, unequivocally, accepted the 16 percent Free Carried Interest as part of the conditions in their licenses. We have witnessed recent negotiation between the government of Tanzania and Barrick also leading to the inclusion of the same. Where is the perception of “resource rationalization” coming from? For whose interest?

Last but not least, companies like Verisk Maplecroft and mining.com have a moral and professional duty to support, not scare, the industry on the reforms that some highly deprived countries wish to make for the benefit of locals and foreign investors. Spreading rumours, uncalled for perceptions and propaganda won’t save any purpose in the 21st Century.

Many countries, rich or poor, are increasingly striving for equitable share and benefit from their natural resources.  Everyone must be part of the change, for it is inevitable. Join the fast moving train of change in the mining regime now, join the industry in the next station or you will be left out for good.

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