FORMALIZATION OF MINING RIGHTS IN THE EAST AFRICAN COMMUNITY; CADASTRE PERSPECTIVE ON ARTISANAL MINING RIGHTS

Abstract

Context and background Artisanal mining has long been integral part of livelihood structure and economic systems of certain rural communities. Artisanal mining operates informally in developing countries coupled with social, environmental, and economic challenges. Formalization of artisanal mining is being adopted in many countries in order to tackle the challenges of artisanal mining. Formalization entails enactment of legislations for recognition of artisanal mining, creation of mining rights cadastre and granting of mining titles. Formalization of artisanal mining has been embraced in East African community countries of Burundi, Kenya, Rwanda, South Sudan, Uganda and Tanzania. These countries are enacting laws and developing mining and minerals cadastral systems. However, access to seasonal resources like the sub-surface artisanal mining rights are regulated by customary tenure arrangements. Moreover, the artisanal miners are sometimes migrants, the rights are seasonal and the mining area boundaries not easily identifiable. This paper examines how legislations in East African Community countries provide for the formalization of artisanal mining operations. Goal and Objectives: The objective of this article is to compare artisanal mining formalization in the East African Community countries through legislations and development of the mining cadastre. The article compares how different countries specify entities of artisanal mining rights for the inclusion in the mining cadastral system. Methodology: The methodological approach adopted for this article was comparative review of legislations, theoretical and empirical literature from the six East African Community countries. Results: Four countries; Burundi, Kenya, South Sudan and Uganda directly legislate artisanal mining and grant artisanal mining titles. Artisanal mining titles are reserved for citizens and are transferable. Only South Sudan specify artisanal mining cadastral unit. Therefore identification of cadastral unit remains a puzzle in artisanal mining registration. However, all the mining legislations do not provide for initial adjudication of artisanal mining rights for registration.

Keywords

• artisanal mining
• mining cadastre
• property cadastre