New Mining and Minerals Bill Worries Busia Artisanal Miners

Artisanal miners have described the new Mining and Minerals Bill that was recently passed by cabinet as unfavorable and insensitive to their interests. Many argue that the draft only caters for the interests of foreign investors.

The bill spells penalties, sanctions and punitive fines on illegal mining and non-performing mineral rights for both small scale, medium and large scale artisanal miners. Citizens caught mining without permits commit an offence, according to the draft, and are liable to a fine of one billion Shillings  or imprisonment not exceeding seven years or both, upon conviction. The bill also provides for a fine of 100 million Shillings to miners using hazardous substances such as mercury or imprisonment not exceeding three years or both.

But artisanal miners in Busia district want these clauses dropped  because, according to them, they are targeting citizens who earn a living through small scale mining especially on the surface.  Earlier, State Minister for Mineral Development Sarah Opendi said that the bill would strengthen the legal, regulatory and institutional framework,  cater for emerging issues arising from mineral revenue management and formalize artisanal and small scale miners.

She added that the bill will effectively replace the Mining Act of 2003 that has been in force for the last 15-years, but, could not deal with new developments in the mineral sub-sector. She equally believes that the new legal and regulatory framework will unlock the potential of the mineral sub-sector to spur economic development and transformation of Uganda.

However, artisanal miners say that contrary to the Ministers statements, the bill is seemingly targeting to criminalize artisanal mining.

Stephen Engidoh Paede, the Secretary of Busia United Artisanal Miners Association who is also the Chairperson of Uganda Association of Artisanal and Small Scale Miners wonders why such a hefty fine has been imposed on persons found mining without license. He argues that a lot of residents around the mines simply earn their livelihood through small scale surface mining yet the new bill bars them from continuing this activity without a license.

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They want the penalties specified according for artisanal, and other mining companies. Engidoh says that much as they were consulted during the drafting of the bill, most of their ideas and concerns were left out. 

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Josephine Aguttu, a member of Tiira Small Scale mining association wants the government to support them with access to financial services in order to acquire equipment to ease extraction and improve their production. She also wants Uganda to emulate Tanzania where the government has supported the miners with equipment and finances for better mining practices.

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Thomas Madilu, an artisanal miner in Tiira gold mines in Busia district says that their biggest challenge is that financial institutions require collateral to give out loans and most of their associations are still young.

In Busia, there are three registered associations. Busia United Medium Scale Miners Association, Tiira Landlords and Artisanal Miners Association and Tiira Small Scale Mining Association. According to Engidoh, Tiira Gold Mines, Busitema Sub County in Busia employs about 1, 300 people directly and indirectly.

The Mining and Minerals Bill, 2019 is due for gazzeting before its finally approved by parliament.