Last week, the officer in charge of mining at COTRAF – one of the labour unions – was going about her routine inspection of a Cassiterite mining company in Rwamagana District when a casual labourer died after a wall caved in.

The deceased worker, Vincent Ntaganda left behind a wife and two children.

Another one, Gad Niyonshuti of Habatu Mining ltd cheated death last week but suffered serious injuries and was rushed to the hospital for treatment.

This year alone, more than 30 people have so far been killed by mining accidents and now the Labour Unions want mining companies to do a lot more to protect workers.

In 2017, the full year number of fatalities from mining-related accidents was at 27.

Francois Ntakiyimana, the Executive Secretary of COTRAF, told The New Times that they will follow up to see that the family is compensated but the most important thing was the protection of workers.

Among the recommendations is to create a specialized department charged with inspection of mines and mining licenses.

"The government should only give mining permits to people with the capacity and expertise. There should be an established organization solely charged with inspecting mining,” Ntakiyimana said.

He castigated companies that get licenses, but subcontract to individuals or companies that do not put safety at the forefront of their operations.

"The government must also oblige operators of mines to fully provide insurance coverage to their workers,” Ntakiyimana added.

Mining is a dangerous sector, and globally there have been reports of accidents and miraculous rescue missions.

Eliminating fatal accidents in the mining sector is a global concern as the International Labour Organization (ILO) says that mine workers world over face a constantly changing combination of workplace circumstances.

According to the ILO, some work in an atmosphere without natural light or ventilation, creating voids in the earth by removing material and trying to ensure that there will be no immediate reaction from the surrounding layers.

Jean Bosco Hakizimana, the Managing Director of Habatu Mining Company said he regretted the incident last week where his staff member died. He explained that they only offer full insurance for their permanent staff.

Hakizimana said they took the victims to the hospital, bought a casket for the deceased’s family and covered burial costs and will help the deceased’s family pursue insurers for compensation.

Despite their latest calamity, Hakizimana said, there is no way he can guarantee it will not happen again.

"I would be lying if I told you that no more accidents will happen unless I said I stop this mining work,” Hakizimana said, adding that it is not the first time.

"Do you think an eight-year-old mine can have no accidents? It is the second accident. Accidents in mining can happen anytime. We work in risky situations. That is why, for example, we have insurance against accidents.”

The Rwanda Mining Association (RMA) maintains that cases of fatalities, in Rwanda, have gone down. But figures from last year and part of this year suggest otherwise.

"Saying that many people are dying is not right because deaths have gone down very much because miners work better,” said the RMA chairperson, Jean Malik Kalima.

Largely due to lack of safety and security within mining sites, with some underground tunnels not properly supported, 33 people have died in mining accidents between January and June 2018, according to figures from Rwanda Mines, Petroleum and Gas Board (RMPGB).

The recorded death toll in the first half of this year is higher than the 27 mineworkers reported dead last year, a situation that could be associated to the severe rains experienced in the first half of this year.

Minister for Public Service and Labour, Fanfan Rwanyindo Kayirangwa, said the Government has put in place different instruments as standards to prevent occupational injuries.

These, she said, include the 2009 labour law and the 2012 ministerial order determining conditions for occupational health and safety, the 2014 national policy, specific regulations on the mining sector, and risk assessment before starting some businesses including mining activities, among others.

"All these instruments provide for preventive measures as well as sanctions for non-compliance. We are also working with all concerned institutions to continue preventing these injuries.

"We are continuing to create awareness and sensitizing employers and workers, especially in the mining sector to comply with safety and health standards. We are also enhancing inspections in the mining sector,” Minister Rwanyindo said.

Ministry officials in February told lawmakers that they had 33 labour inspectors, a number that was considered inadequate given the numerous mines to inspect.

The Minister noted that employers have the responsibility to ensure the health, safety and welfare at the workplace for all persons working in their concessions.

"The employers also have the responsibility to pay all affiliation fees for all their employees on occupational injuries,” Rwanyindo said.

Should owners of mines be charged?

The Minister said under Article 12 of the Ministerial Order determining conditions for occupational health and safety, employers are charged with temporary suspension of the mining establishment as one of the measures in case of non-compliance.

She said: "The period of temporal suspension is used for rectifying hazards and related risks.”

However, it appears to be unclear whether corporate criminal responsibility would suffice in such circumstances.

The National Public Prosecution Authority (NPPA) spokesperson Faustin Nkusi said he did not have available statistics of people or mining institutions prosecuted for causing deaths.

"However, the legal part of it, is that the company that has employed these people, needs to ensure that they have insured their employees to cover their risks while working in the company,” Nkusi explained.

"On the other hand, if it is proven that the death of the employee is the result of negligence, or carelessness of the employer, owners may be prosecuted in court.”

Article 156 of the penal code stipulates that anyone who, through clumsiness, carelessness, inattention, negligence, failure to observe the rules or any other lack of precaution and foresight, causes harm but with no intent to endanger the life of another person shall be guilty of homicide or unintentional bodily injuries.

But, Nkusi said, "Sometimes it is difficult to prove the corporate criminal responsibility in such circumstances as per article 33 of the Penal Code.”

Article 33 states that state institutions, public or private companies, enterprises, associations or organizations with legal personality shall be held liable for offences if they are committed by their representatives or by those who hold leadership positions while they are acting for the benefit of these legal persons on the basis of, among others, power of representation.

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