Collection of public opinions on the
three natural resource bills was closed in Parliament last week paving way for
the committees to work on the documents before legislators start debating them
in the House. Members of Parliament are scheduled to debate and hopefully
endorse the three bills between today and Wednesday. The bills are Written Laws
(Miscellaneous Amendments) Act, 2017, the Natural Wealth and Contracts (Review
and Renegotiation of Unconscionable terms) Act, 2017 and the Natural Wealth and
Resources (Permanent Sovereignty) Act 2017. Last Thursday, Speaker Job Ndugai
announced the extension of the parliamentary sessions to Wednesday this week to
enable MPs to work on the three bills as requested by President John Magufuli. Shortly
after the Speaker’s announcement, three Parliamentary committees, including the
Parliamentary Constitutional and Legal Affairs Committee started working on the
bills. The committees invited MPs and members of the public to give their
opinions to enable the committees to safely harbour the three bills ready for
debate in the House today. The committees invited various legal experts and
mining industry stakeholders from various parts of the country to analyse the
bills. Generally, experts and industry stakeholders who shared their views
wanted MPs to endorse the bills only if they stand to protect the country’s
natural resources and Tanzanians’ welfare. Some of experts who aired their
opinions include Dr Rugemeleza Nshala from the Lawyers’ Environmental Action
Team (LEAT).
He told the committees that his organization was pleased with the
way the bills were prepared and that he wished to add some inputs in various
areas. On the Written Laws (Miscellaneous Amendments) Bill, 2017, Dr Nshala who
is also a prominent advocate in the country said the bill must state
categorically that there should be no need to file cases to the Multilateral
Investment Guarantee Agency (MIGA) and the International Centre for Settlement
of Investment Disputes (ICSID). He said it might take not less than five years
to withdraw from MIGA and ICSID and that there are legal experts in the country
who can assist to draft proposals and stand firmly behind the government on the
matter. On the Natural Wealth and Resources (Permanent Sovereignty) Act, 2017,
Dr Nshala said all investors in the mining sector must seek for a mining license
instead of signing contracts with the government. According to Dr Nshala,
allowing contracts between the government and the company or certain individual
does not reflect the real meaning of ‘sovereignty’. Bariadi MP (CCM), Mr Andrew
Chenge said the new government approach on the utilization of natural resource
was promising. He said there is need for the reorganisation of the country’s
sovereignty in the resource utilisation. State Mining Corporation (STAMICO)
legal expert Mudrikat Kiobya said the new law should categorically provide for
the government shares in the mining sector, under Stamico
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