Corporate social responsibility 745. Corporate Social Responsibility activities in Tanzania are mainly philanthropic and discretionary. According to the CSAR, the Tanzanian National Assembly has even debated the need for a policy to guide corporate social responsibility activities in order to make them more responsive to community needs. Environmental Sustainability 746. Environmental management is governed by the Environmental Management Act of 2005, which maintains the National Environmental Management Council (NEMC) as established in 1983, as the implementing institution for sustainable management of the environment. The Act outlines principles for management (precautionary principle, polluter pays principle, public participation in development policies principle, development of plans and processes for environmental management principle), provides for risk and impact assessments, prevention and control of pollution, waste management, environmental quality standards, compliance and enforcement. 747. The CSAR states that despite the new law and the articulation of the applicable environmental principles, many companies in Tanzania (particularly in the extractive sector) do not operate in an environmentally responsible manner and do not compensate for the environmental damage occasioned by their activities. A case in point is the mining activity in North Mara, where the tailings dam from Barrick’s mining site flowed freely into the main water sources113 and pasture, causing serious contamination. As a result people’s health in the vicinity of the mine was gravely affected, not to mention their crops and livestock. A second example of environmental destruction cited in the CSAR relates to the former Buhemba Gold Mine, where the company left open pits and lingering questions as to reclamation plans. Environmental problems in the extractive sector also stem from the fact that the Environmental Impact Assessments are not objective. In fact, environmental impact assessments are done on terms of reference specified by the project proponent or developer. The developer also pays for the assessment, and obviously thereby, controls its content. 748. According to the CSAR, Government has also shown indifference to environmental concerns in some cases, preferring to move forward with investment interests instead. One such case is Lake Natron Area in northern Tanzania. The area is unique for being the breeding ground and home to 75 per cent of the world’s endangered Lesser Flamingoes. However, Government went ahead to approve the establishment of a soda ash plant in the area with the attendant risk of industrialising the lake shore and seriously endangering these unique (and already endangered) birds. ll. Findings of the CRM Observance of employee rights 749. The CRM notes that the 2004 Employment and Labour Relations Act upholds labour rights and is reflective of the ILO Conventions ratified by Tanzania. This is evident from the main objective of the Act, which is to provide for core labour rights by, inter alia, giving effect to the core conventions of the International Labour Organization and other conventions ratified by Tanzania. The Act is also explicit in the prohibition of child labour, forced labour, discrimination in the workplace, discrimination in trade unions and employer associations, and freedom of association. However, interviews with both state and non-state stakeholders confirm the view that Tanzania has a very good record in the adoption of international standards but a very poor one in implementing what has been adopted. The sample of five companies that constitutes the CHRAGG survey in 2010 is too small to support the conclusion that companies in Tanzania respect human rights, especially since it did not include companies in the extractive sector from which a majority of complaints emanate. In addition, being relatively new laws, it was also found that a large part of the population is unaware of the contents and procedures under the Employment and Labour Relations Act and the Labour Institutions Act, since awareness-raising activities have been inadequate. 113 The main water source referred to is the Tigithe River in North Mara, which is a water source for approximately 2,534 households in the area. 154

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