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Regulation of Mining in the East African Community in the Context of Globalisation

Regulation of mining includes the global and national standards and acts established to curb mineral conflicts, violence, mining malpractices, and the lack of local and national benefit of global mining investments, or any form of resource curse. Regulations are for instance the Extractive Industry Transparency Initiative (EITI); UN resolutions 1515 (XV), 1803, and 62/274, that focus on the principle of sovereignty but also transparency in resource extraction; Dodd-Frank Act, the International Conference on the Great Lakes Region and OECDs rules on traceability and conflict-free mining of 3TG (tin, tantalum, tungsten and gold). However, the existing knowledge shows that these rules are not effective due to corruption and the facts that these rules favour MNCs and weaken local states in terms of collection of tax and royalty. This research explores how these rules work in East African Community and bases on case of Tanzania, Uganda and Rwanda. The results show that (1) MNCs keep the cost low and avoid tax through mechanism such as transfer-pricing and sub-contracting, and by minimising labour rights (salaries and benefits of miners); (2) conflicts with local population exist and include forced resettlement, lack of fair compensation, rape and killing locals which involved company security guards and national forces (case of North Mara in Tanzania and of Hoima in Uganda); (3) sovereignty regime changes whereby states try to regain their place in mining and share benefit with MNCs (state-MNC sovereignty – Case of Tanzania and Uganda), and to abide in the international regulations while holding the hybrid and multilevel types of resource governance (state-global sovereignty – Case of Rwanda); (4) the implementation of global standards work especially those with rigour in sanctions albeit different territorial jurisdictions; (5) local and national benefit are still low.

Identiferoai:union.ndltd.org:DRESDEN/oai:qucosa:de:qucosa:34780
Date31 July 2019
CreatorsMushimiyimana, Emmanuel
ContributorsUniversität Leipzig
Source SetsHochschulschriftenserver (HSSS) der SLUB Dresden
LanguageEnglish
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/publishedVersion, doc-type:doctoralThesis, info:eu-repo/semantics/doctoralThesis, doc-type:Text
Rightsinfo:eu-repo/semantics/openAccess

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