Criminal Trespassing in Mining Areas

Abstract

With respect to private property, trespassing on a mining site is illegal, resulting in stern actions by the owner against the trespasser. However, the situation can be burdensome when actions taken against the culprit are inhuman in the eyes of the law, especially when actions taken are against the rule of law and good governance. Data for this study, criminal trespassers in mining areas, were collected from three wards, namely Bugarama, Bulungwa, and Bulyanhulu in Kahama district, Shinyanga region. Data collected were analyzed qualitatively through the narrative analysis, which is a method involving the reformulation of stories presented by respondents, taking into account the context of each case and different experiences of each respondent. Findings revealed that little feeling of benefiting from mines by local communities, little social corporate responsibility, and unfair compensation of land acquired by mining companies are some of the factors fuelling persistent trespass in mine sites. Other findings indicate that household poverty due to lack of alternative sources of income, limited access to land, forced acquisition of land by the government, and little compensation upon vacating mining areas contribute to trespass in mine sites. On the other hand, on reviewing proper strategies to control trespass in mine site, it was found that use of social license to operate, use of lawful methods to acquire land with mines, transparency in extraction of minerals and upliftment of communities through social corporate responsibility can easily pave new ways for sustainable investments and improved wellbeing of communities around mining areas. The study concludes that criminal trespassing in mining areas is caused by a lack of the rule of law and good governance, household poverty, and a little feeling that mining operations benefit local communities around mines. The study recommends that wide public interest should be given priority during land acquisition from local communities, education on legislation of land occupancy should be provided, and mining companies should effectively provide corporate social responsibility to the surrounding communities.