New call for inquiry into Bulyanhulu allegations

One of Tanzania’s most respected legal figures, Judge Mark Bomani, has called for an independent commission into the alleged killings of small-scale artisanal miners at Bulyanhulu, Tanzania’s biggest gold mine, in 1996. Judge Bomani, a former attorney-general and Nelson Mandela’s adviser during the Burundi peace talks in Arusha, northern Tanzania, said only an independent commission could impartially establish the truth over claims that have sporadically emerged in the press over the last five years. "Allegations have been made time and again that a number of people were buried alive at these gold mines in Bulyanhulu. But these allegations have been repeatedly denied, so someone must not be telling the truth," he told IRIN. "Either these killings occurred and someone is trying to hide something, or these deaths never took place, in which case society needs to know why such allegations have been made," Bomani added. Claims that small-scale miners were buried alive emerged initially soon after Bulyanhulu mining areas were cleared for the development of large-scale mining in 1996. Various community groups and nongovernmental organisations (NGOs) claim that small-scale artisanal miners were buried alive as bulldozers filled in the existing mine shafts. They have also claimed that, since then, there has been a huge cover-up of the affair. Tundu Lissu, a member of the Lawyers' Environmental Action Team (LEAT) that has spearheaded a campaign about the alleged killings, said he believed the judge’s comments were a crucial development. "Judge Bomani’s statements put the debate over the allegations on a completely new level, and the government needs to take this call very seriously indeed," he told IRIN. "There should be compensation for loss of life and loss of property, and there should be criminal proceedings for all those who had a hand in these heinous crimes." Lissu has since been picked up by the police, apparently because LEAT does not seem prepared to produce any evidence it might have on the alleged Bulyanhulu killings to the authorities, according to media sources in the Tanzanian capital, Dar es Salaam. At the time of the alleged killings, the mining rights belonged to Sutton Resources, but it has since been bought out by Barrick Gold Corporation. It runs the mine in conjunction with the Tanzanian government. So far, the Tanzanian police, the human rights organisation Amnesty International and the World Bank have all carried out their own investigations, none of which have found conclusive evidence supporting the allegations. Yet they have continued to arise, and Bomani feels that more needs to be done. "There have been some police enquiries, but the outcome has not really seemed very convincing, so the allegations have continued to be made," he said this week. In response, Attorney-General Andrew Chenge has called on Judge Bomani to present any evidence he may have to support the investigations, according to reports in the local Kiswahili language press. Vince Borg, head of Corporate Communications at Barrick Gold Corporation, also reiterated the need for people to provide evidence supporting allegations of killings. "We would specifically encourage Judge Bomani to do so rather than simply call for another probe into this matter," he told IRIN. However, after all the accusations and counter-accusations, Bomani believes that a commission of inquiry is the only solution. "I believe that - just like in the case of the killings in Pemba and Zanzibar [of January 2001] - if a commission on Bulyanhulu is appointed, I think it will create a culture of acting on such allegations quickly before rumours continue to fly," he said.