The right to clean and health Environment for local communities in mining areas of Tanzania : The case study of Geita gold mining area

This work examines the constitutional right to clean and healthy environment in Tanzania. The study revolves around what the right is all about and m particular, how the right to clean and healthy environment is reflected in the mining laws of Tanzania. This has been specifically done through analyzing practice of mining companies over the recognition of the right and its protection. This study further is premised on the articulation of the right to clean and healthy environment as essentially one of the fundamental human rights which should be constitutionally provided for and protected. It has been noted that the Constitution of the United Republic of Tanzania, 1977 does not expressly provide for the right to clean and healthy environment. However, courts in Tanzania have interpreted Article 14 which provides for the right to life also to embrace the right to clean and healthy environment. It is noted in this work that case law cannot be relied upon as they keep changing from time to time depending on to which judge the case has fallen. The study suggests that the right to clean and healthy environment should be constitutionally provided as one of the basic fundamental rights. Moreover, the study has noted that despite the fact that the Mining Act, 1998 and the Mining (Environmental Protection and Management) Regulations, 1999 being very clear and elaborate on the protection of the environment through the submission of the EIA and EMP, and the requirement of people’s participation in the process, the mass of Tanzanians live at the mercy of the mining companies. As well the local governments in Geita, it has been noted, do not use the powers given to them in relation to environmental protection to the effect that the villagers suffer the effects of environmental degradation which could have otherwise been dealt with by making by¬ laws for environmental protection . However, Geita Gold Mine, it has been noted, has tried to comply with the requirements of the mining laws and also over and above, Geita Gold Mine protects the environment by using international environmental standards. Geita Gold Mine therefore, tries to do its best to protect the right to clean and healthy environment although the nearby community does not seem to appreciate what is being done du e to ignorance of what is being done in relation to environmental protection .