A Study On The System Of Mineral Rights Of The Six Eastern African Countries

The mining industry has developed rapidly in recent years in Kenya,Burundi,Rwanda,South Sultan,Tanzania,Uganda,and these countries are rich in mineral resources and the political environment is relatively stable.However,the six countries are like a dusty pearl,which has not been able to attract everyone’s attention.This article will make a thorough study of the mining rights system in these six countries,including the legal sources,basic provisions,value pursuit,specific objectives and effectiveness,and the local content trend,so as to enrich China’s research field of African law and to provides guidance for the mining investment in these six countries.The first chapter is the introduction,starting from two parts: the rapid development of mining industry and the transformation of mining industry in Eastern Africa countries in recent years,the success or failure of Chinese enterprises’ overseas mining investment.It points out the necessity and importance of studying the mineral rights system of six countries in Eastern Africa: it can not only enrich the research field of African law in China,but can also give guidance to Chinese enterprises to carry out mining Investment in these six countries in Eastern Africa.There are some difficulties in carrying out the research because of the few achievements of predecessors and the difficulty in mastering some local materials.However,these difficulties have been overcome,and the author used literature analysis,comparative analysis,historical research and other methods to carry out the research smoothly.Mineral rights system is a very practical system,and this paper is lack of empirical research results of enterprises investing in mining industry in these six countries in Eastern Africa,which is a deficiency and also a part of this paper to be improved.The second chapter is the study of the legal sources of the six countries in Eastern Africa.The sources of international law affecting the mineral rights system of the six countries include the international treaties of the Kimberley Process,the international standards of the Extractive Industries Transparency Initiative,the regional international conventions of Eastern Africa Community mining act and the international law principle of sustainable resource management;the sources of domestic law include constitution,laws,regulations,etc.In terms of domestic legal sources,the main legal source of mineral rights system in the six countries is the mining act,the revision of which is very frequent,and it has been a very obvious feature of African countries’ mining act.The revision of the mining act in the six countries is also the same.The mining act of the six countries has gone through the controlled era in the colonial period and the nationalization era after independence.At present,it is going through the era of liberalization.In this era,there are different waves of liberalization.The focus of the revision is whether the mining economic reform can be better.The mining act of the six countries has been revised frequently,and each revision focuses on different aspects.The influencing factors include the recognition and importance of mining economy,the demand for foreign investment,the consideration of interest distribution and the recognition and importance of environmental issues.The revision in the future will be also restricted by these four factors.The third chapter offers a comprehensive and in-depth study on the basic provisions of the mineral rights system of the six countries in Eastern Africa.The basic provisions of mineral rights system include the subject of mineral rights,the rights and obligations of mineral rights holders,the acquisition of mineral rights,the term of mineral rights,etc.In the six Eastern African countries,the mineral rights is generally regarded as property right.People’s attention is focused on whether the property right is related to land rights and interests.When it comes to the subject of mineral rights,the subject of mineral rights generally can be a natural person or a corporation,but in some particular mineral right,the subject of the mineral right can only be the country’s own citizenship.When it comes to the way of obtaining mineral rights,the six countries in East Africa have basically stipulated two ways: applying for obtaining and bidding for obtaining.The application follows the principle of "first come first get",and the bidding has corresponding provisions.In addition,it also stipulates the change and transfer of mineral rights.When it comes to the rights and obligations of mineral rights holders,the six countries have made provisions according to the types of mineral licenses,which are some different from each other.When it comes to the suspension or revocation of mineral rights,the six countries will suspend or revoke the mineral rights according to the performance of the mineral rights holders.In addition,the mineral rights holders can also apply for abandoning the mineral rights so that the mineral rights can be cancelled.In terms of the basic provisions of the mineral rights system,there are a slight difference between the six countries.The provisions in Kenya and South Sudan are relatively complete,the provisions in Tanzania are stricter than other countries,Uganda’s is more stable,Burundi’s and Rwanda’s are relatively simple.The fourth chapter focuses on the value pursuit and specific objectives of the mineral rights system of the six countries in Eastern Africa.In terms of value pursuit,security ranks first in the value pursuit of the mineral rights system of the six countries,because the armed conflict in the six countries still occurs from time to time,and the armed conflict forces are closely connected with the mining industry,especially artisanal and small-scale mining,which seriously affects the normal economic order of these countries,and even affects their national image and international mineral trade.Benefit,justice and development are also the value pursuit of the mineral rights system of the six countries,which is rooted in its urgent needs.Such value guidance is undoubtedly correct.Although there is still a big gap in the effectiveness of the implementation of the system in these six countries,the pursuit of its value should be adhered to.The objectives of the six countries’ mineral rights system include guiding large-scale mining enterprises to take corporate responsibility,regulating artisanal and small-scale mining,attracting foreign investment and promoting inclusive growth.In these six countries,there is generally a lack of good examples of corporate social responsibility commitment.Large mining companies are not aware of this aspect and do not participate in it enough.Artisanal mining and small-scale mining provides the livelihood of many poor rural people in the six countries,but they cause great damage to the environment,and the health and safety risks of employees,which lead to illegal mining and smuggling of minerals.The contradiction is very prominent,but they do not With the enough attention of the state and the government,the road of legalization and standardization is far away.There is great pressure to reduce poverty and great demand for foreign investment in these six countries,but the mining industry still has great room to improve in attracting foreign investment.The mining industry in the six countries has not yet established extensive horizontal connection with other domestic economic sectors,and the mining export is mainly the export of raw ore,although the six country have place hope on the mining industry to promote inclusive growth.However,it is not effective at present.Based on the actual situation of the six countries,this paper gives the corresponding legal suggestions.The fifth chapter focuses on the local content trend of mineral rights system in the six countries of Eastern Africa.The deviation of interests and the promotion of national consciousness in the mineral rights system of six countries have also led to a substantial increase in the local content trend of mineral rights.The local content can be roughly divided into quantitative requirements and quality requirements.Quantitative requirements impose quantitative requirements on companies in the form of legally binding objectives,which are often presented in terms of quantity or value.Quantity can be the number of local employees to be employed,or the number of contracts to local suppliers;while value is the percentage of local procurement expenditure.In turn,quality requirements refer to policies,legal provisions and less binding contractual agreements,aiming at technology transfer or employee training.The trend of local content has stronger manifestations in the six countries of Eastern Africa.At present,the effect is not so ideal,but this trend deserves continuous attention.The sixth chapter gives the discussion on the advantages and disadvantages of China’s mining investment and risk prevention in the six countries.’One belt one road’provides a bright prospect of cooperation in the six countries,and the six countries are rich in mineral resources and have great development space,and the six countries have achieved better legal modernization and improved legal environment.These are favorable conditions for China to invest in mining in the six countries.Of course,the six countries are a little lacking in the stability,clarity and safety of laws.Therefore,it is more necessary to do a good job in risk prevention in mining investment in the six countries,such as fully familiar with the legal system of mineral resources of the member states of the six countries,prudently signing mineral agreements,and improving the performance of corporate social responsibility,which can help to achieve mining investment’s success.Finally,it is a summary.In general,the mineral rights system of the six countries in Eastern Africa is set up to promote the rapid development of their own mining industry.When it comes to the content of the system,there are some differences among the six countries.Kenya’s and South Sudan’s provisions are relatively complete,while Tanzania has devoted more efforts to it.When it comes to the stability of the system,Uganda is the most commendable.When it comes to the effectiveness of the system,Tanzania and Kenya have done much more job,Tanzania has implemented strict measures during recent years,Kenya has introduced many relevant laws,regulations and rules.The mineral rights system of the six countries has its own characteristics,which should be further studied before investing in mining industry in these countries.