nitasemaukweli
Member
- May 27, 2011
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Tunasikia kila leo matatizo ya serikali kushindwa kuprosecute people in government na zaidi hata companies zinazo violate environmental laws na sheria zingine za wafanyakazi. Sasa tunamefikia wakati wa sisi wananchi kutoa judgment kwa hii system ambayo kweli inatisha sasa. Ukichunguza cases nyingi nchi za karibu yetu hata huko mataifa yalioendelea, wananchi wanafanyakazi kurekebisha justice system zao ili kuleta hali ya imani kati yao na serikali. Nikisoma articles tofauti kuhusu cases za environmental violations na nyingine zinagusa hata makampuni yanayoshindwa hata kuwalipa wafanyakazi wa kitanzania kima cha serikali. Tunajua serikali hizi za ccm siku zote hawataki kuprosecute one of their own, mifano tumeiona Richmond, Dowans, EPA, Mbagala and Gongo la Mboto massacres. Je swali kama la toxic chemicals kwenye maeneo ya mining ni nani atalishuhurikia? Tusome baadhi ya landmark cases za nchi zingine labda tutapata ushahuri na kuchukua hatua.
Tunashahuri Chadema kujenga kitengo cha sheria katika idara za makao makuu ili kuwa na strategies za kufuata haya makampuni jurisdictions duniani kote i.e. Barrick in Canada
Soma hii case below for additional legal strategies
..:recycled minds:..: Chevron's $9.5 Billion in Environmental Damage
Je case kama hii inaweza kufanyika au kuchukuliwa na mahakama za Tanzania?
Je majaji wa Tanzania wanaweza kuamua au kujionyesha ni mashujaa wa sheria na free from polical influences?
Majibu hatuyajui kwasababu zisizowekana.
Tunashahuri Chadema kujenga kitengo cha sheria katika idara za makao makuu ili kuwa na strategies za kufuata haya makampuni jurisdictions duniani kote i.e. Barrick in Canada
South African High Court Overrules AngloGold in Landmark Silicosis CaseA precedent-setting case for South African miners was won in the nations highest court on 3 March. The landmark case is expected to allow thousands of miners stricken with life-threatening respiratory and other diseases to sue companies under common law in South Africa.
The Constitutional Court ten days ago overturned a Supreme Court of Appeal judgement and grants a former AngloGold Ashanti worker the right to sue the company for contracting silicosis. The worker, Thembekile Mankayi, died six days before the monumental ruling, and now it is up to his family whether or not to continue the case.
The Supreme Court and a lower court had ruled against Mankayi because he had received compensation under South Africas Occupational Diseases in Mines and Works Act (Odimwa). He had received a paltry R16,320 (1,706, US$2,350) after it was determined he was ill with tuberculosis and silicosis from AngloGolds silica quartz dust after working inside the Vaal Reefs mine from 1979 to 1995.
The Supreme Court of Appeal upheld a June 2008 Johannesburg High Court ruling dismissing Mankayis claim of R2.6 million (271,800, US$374,400) against AngloGold for lost income and other compensation. Mankayi was seeking the monetary judgement under South Africas Compensation for Occupational Injuries and Diseases Act of 1993 (Coita). In upholding the lower court, the Supreme Court stated that Section 35(1) of Coita barred a worker from bringing a claim against an employer once that worker collected under Odimwa.
But in the 3 March ruling, Constitutional Court Judge Sisi Khampepe ruled that the Supreme Court had erred in concluding the two pieces of legislation had the same compensatory structure, adding the difference between the two was apparent.
If Coida removes Mr. Mankayis common law right to claim compensation for negligence, employees in his position would be left without an effective remedy to rectify the harm caused by the negligence of employers, Khampepe wrote, adding, Mineworkers, African (ones) in particular, have contributed enormously to this countrys wealth at great cost to themselves and their health. The impugned legislation affects many vulnerable members of society.
Judge Khampepe ordered AngloGold to pay the court costs for Mankayi, and the ruling opens the way for his family to return to the Johannesburg High Court to again lay claim to R2.6 million. In a statement following the 3 March judgement, the company said if the executor wishes to pursue litigation there, AngloGold Ashanti will defend the case on its merits.
Sadly, Thembekile Mankayi died of the disease on 25 February, leaving a wife and ten children.
ICEM affiliate National Union of Mineworkers (NUM) hailed the high courts ruling, calling it an achievement and a breakthrough. For many years mining employers had sent hundreds of thousands of poor, sick miners home to die, said General Secretary Frans Baleni. We will remain at the forefront of ensuring that employers pay for their long forgotten sins.
http://www.icem.org/en/5-Mining-DGOJP/4312-South-African-High-Court-Overrules-AngloGold-in-Landmark-Silicosis-Case
MiningWatch Canada et al vs. Barrick Gold Corporation Case overview.
1 March 2011 Filed Human rights violations at Barricks Porgera JV Mine The complaint alleges that Canadian mining company Barrick Gold Corporation has violated the OECD Guidelines in its operations at the Porgera Joint Venture (PJV) gold mine in the Porgera valley, a remote region Enga Province in the highlands of Papua New Guinea (PNG). Barrick has co-owned (95%) and operated the mine since 2006. The other 5% is owned by Mineral Resources Enga (MRE).
The complainants contend that Barrick/PJV has violated sustainable development guidelines, environmental guidelines, and the human rights of the local community in a number ways. Over the past two decades, there have been consistent and widespread allegations of human rights abuses committed by PJV security personnel in and around the mine site, including killings and beatings of local Ipili men and beatings and rapes, including gang rape, of Ipili women. Additionally, the living conditions of people within the PJV mines Special Mine Lease Area are incompatible with human health and safety standards and the OECD Guidelines provision on sustainable development. Moreover, in 2009 troops from the PNG Defense Force forcefully evicted local landowners near the Porgera gold mine by burning down houses to allegedly restore law and order in the district. There has never been an investigation of these gross violationsof human rights but the troops remain housed at the mine site and supplied with food and fuel by the mine.
In addition, the PJV mine yearly disposes of approximately 6.05 million tons of tailings and 12.5 millon tons of suspended sediment from erodible waste dumps into the downstream Porgera, Lagaip and Strickland river systems, thereby polluting the river and endangering public health and safety of communities along the shores in violation of Chapter V of the Guidelines. The complainants further allege that Barrick/PJV has violated the OECD Guidelines with regard to good governance, promoting employee awareness of and compliance with company policies, and disclosure of information.
http://oecdwatch.org/cases/Case_210
Soma hii case below for additional legal strategies
..:recycled minds:..: Chevron's $9.5 Billion in Environmental Damage
Je case kama hii inaweza kufanyika au kuchukuliwa na mahakama za Tanzania?
Je majaji wa Tanzania wanaweza kuamua au kujionyesha ni mashujaa wa sheria na free from polical influences?
Majibu hatuyajui kwasababu zisizowekana.