Lobbyists want mining ban lifted, say it's choking sector

Several non-governmental organisations (NGOs) along the Coast have called upon the government to lift the moratorium imposed on the mining sector.

The moratorium was imposed by former President Uhuru Kenyatta in 2019 to streamline the sector.

It prohibited licencing of new explorations and prospecting activities.

The NGOs, led by Transparency International Kenya, emphasised that the ban is impeding the progress of the mining industry. 

Transparency International Kenya programme officer Samuel Ngei said that the moratorium is pushing small-scale miners towards engaging in illegal mining practices that are resulting in tax losses, smuggling, and environmental degradation caused by irresponsible mining.

"Lack of licencing permit is making government lose a lot of money because people are using unorthodox methods to mine and trade the minerals," he said.

Ngei said the moratorium is currently choking the industry with small-scale miners being the most affected.

The officer said it was a good idea to bring sanity to the sector but the ban is taking too long which is likely to kill the industry.

He said the ban is threatening the safety, health and rights of the artisanal miners because they opt to operate illegally.

Ngei said the middlemen are taking advantage of the prohibition to exploit the artisanal miners and violate the rights of women in the sector.

He said the government should hasten the process of easing the moratorium to free the sector from captivity to promote socioeconomic development for the mining community and the country's economy at large.

"We urge the government to quickly finalise what it intended to do and come up with better solutions to unlock the potential of the mining industry," he said.

He said when the small-scale miners are empowered and educated on the right legal processes and permit the sector will grow and help in sustainable mining and environmental conservation. 

Ngei said at the moment artisanal miners operate in the dark without a proper frame line of operations and rehabilitation processes leaving the land in pathetic condition.

He spoke in an interview during a three-day first-ever annual Jukwaa La Madini conference, dubbed Jamvi La Madini held in Diani, Kwale county.

The event was organised by TI-Kenya under the Haki Madini Kenya coalition, in partnership with International Alert and Kwale Mining Alliance (KMA).

The aim of the Jukwaa is to promote dialogue and action towards accountable and sustainable mining that respects human rights for better livelihoods and economic empowerment of communities.

It was also meant to further focus on various aspects of benefit sharing ranging from the local content, management of county government and community share of royalties and the implementation of Community Development Agreements (CDAs) under the Mining Act, 2016 and its regulations in Kwale.

The forum brought together small and medium-scale miners, companies and stakeholders from Kwale, Kilifi, national and county government and the international community.

KMA officer Sabina Saiti said the sector is flooded with small-scale miners but cannot grow because of unfavourable policies and the market.

Saiti said the existing policies don't prioritise the well-being of the artisanal miners who have the potential to transform the economy if well-guided.

She said the government should provide suitable guidelines for small-scale miners to ensure sustainable mining and improve the lives of the community.

Saiti said it is sad to see local miners languish in poverty yet brokers and middlemen benefit from their hard labor.

"We must have a proper agreement between government and small-scale miners and have policies that will promote reasonable mining activities," she said.

A representative of Kuranze Small-scale miners Justin Mwakoi said the moratorium has affected their daily lives.

He said since the ban was imposed they have been unable to feed their families.

Mwakoi said they have since then resolved to conduct light mining activities to at least put food on the table.

"For us to do proper mining we have to use big machines but we can't do that because of the moratorium," he said.

Mwakoi said the ban has overstayed hence disrupting their livelihoods and lives.

He now wants the government to lift the ban to have a sensible mining sector and improve the economy.

Matuga Stones and Pebble Association chairperson Mwanaharusi Mwafitina called on the government and NGOs to protect the artisanal miners from exploitation and aid them with financial and equipment support.

Mwafitina said many of them are using traditional tools that are ineffective in terms of production and protecting their general health and safety.

However, regional mining officer Fred Wafula said the moratorium was designed to address the many challenges affecting the mining sector.

He said the challenges include land disputes, exploitations and curbing illegal mining operations in the country.

The officer said it has only affected the new miners seeking mining licenses but the old licensed miners are continuing with their activities.

Wafula said the ban is still on urging people to be patient as the government works on better ways to streamline the industry.

County Nema director Godfrey Wafula said urged the small-scale miners to form cooperatives to strengthen and improve their mining activities.

He said working in cooperatives will empower them to have the required resources and licenses to run smooth mining operations.

(Edited by Tabnacha O)