Putting Women at the Centre of Extractivism: A Compendium on Gender and Extractives

Compiled by

Women and Law in Southern Africa Published by WOMEN IN LAW IN SOUTHERN AFRICA (WLSA), 16 Lawson Avenue, Milton Park, Harare, Zimbabwe 2019

© This collection, WLSA © Each individual chapter, the author(s)

Typeset by Weaver Press, Harare Cover photograph courtesy of Emmanuel Chinembiri © Emmanuel Chinembiri Cover Design: Myrtle Mallis, Harare. Printed by: Rocking Rat, Harare.

WLSA would like to express their gratitude to OSISA for supporting the research and development of this text.

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ISBN: 978-1-77906-840-8

ii Contents

Acknowledgements ix

Preface xx

1. Women, patriarchy, capitalist interests and the mining sector in Zimbabwe 1

Manase Kudzai Chiweshe and Sandra Bhatasara 2. Movement Towards a Gender Sensitive Mining Industry through the Encouragement of Female Participation in Mining Projects in Zimbabwe 14 Nomathemba Ndlovu and Michelle C. Bonzo Brings 3. Gold Beneficiation and Value Addition Opportunities for Women in Mining 29 M. M. Manyuchi 4. An Analysis of the Legal, Institutional and Policy Constraints affecting the Participation of Men and Women in Local Content Development Outcomes in the Mining Sector in Zimbabwe 35 Byron Zamasiya and Tafadzwa Dhlakama 5. The Social Impact of Artisanal and Small-scale Mining: A Gendered Perspective 51 Nogget Matope 6. Challenging masculinities? The experiences of women in artisanal gold mining: 62 Insights from Shurugwi female gold panners Edson Chiwenga 7. Gender Perspectives and the Sustainability of Work Practices in Artisanal and Small-scale Mining Operations: The Case of Wanderer Mine, Shurugwi 73 Maruzani Nyevero 8. Promoting gender equality through functional complementary relationships between the judiciary and the Zimbabwe’s Gender commission 83 James Tsabora 9. Women in Mining: Towards A Gendered Paradigm Shift to Participation in the Extractive Industry in Zimbabwe 91 Gladys Balance 10. Adolescent Commercial Sex Work – A Health Concern: A Case Study of Penhalonga Mining Community 105 Wonder Chinhuru 11. Interrogating the Gendered Aspects of Mining, Land Access, Use, and Control in Zimbabwe 120 Winnet Banda ii iii Women and Law in Southern Africa

16 Lawson Avenue, Milton Park, Harare, Zimbabwe Telephone: + 263 2 253001/2/3 or 2928337 E mail : [email protected] Website: www.wlsazim.co.zw Twitter @wlsazim; Facebook – Women and Law in Southern Africa - Zimbabwe

Making The Law Work For Women And Girls

1.1. Introduction Women and Law in Southern African (WLSA) Zimbabwe started as a Trust and a local Chapter of a sub-regional network in 1989. WLSA is now registered and operates as a Private Voluntary Organization (PVO) in Zimbabwe. The network member countries include Botswana, Lesotho, Malawi, Mozambique, Swaziland and Zambia. The purpose of the network is to contribute to sustained well-being of women and girl children through action-oriented research in the socio-legal field and advocating for women’s rights. WLSA work incorporates action into research by questioning and challenging the law, instigating campaigns for changes in laws, policies and plans of action, educating women and girls about their rights, providing legal advice and gender sensitizing communities and leadership

1.1. Vision of WLSA Zimbabwe A society where justice is equitably accessed claimed and enjoyed by women and girls in all spheres of life.

1.2. Mission of WLSA WLSA Zimbabwe is to organize; coordinate and support evidence based interventions that promote and protect women and girl’s rights through legal and policy reform and changes to discriminatory socio-cultural and economic practices.

1.3 WLSA’s Goal WLSA’s goal is to contribute to gender equality and fulfillment of women and girls rights.

iv Notes on Contributors

Gladys Balance is a lecturer at the Midlands State University. She has an M.Sc. in Gender and Policy Studies, and another in Development Studies, a B.Sc. Hons in Psychology, and another in Sociology and a Diploma in Education. She is currently pursuing a Ph.D. in Gender and Policy Studies at Maseno University, Kenya. She has published qualitative research papers on women and civil strife, women in politics, women and the informal wector, and presented a conference paper at Nordic African Institute in Sweden. Gladys is a member of the Zimbabwe Academic Non-Fiction Authors’ Association.

Winnet Banda has an M.Sc. in International Relations from the University of Zimbabwe (UZ), and a BA Hons in Development Studies from Midlands State University. She is now studying towards an Executive Certificate in Programme and Project Monitoring and Evaluation at UZ. She worked with Women and Land in Zimbabwe as a Research Intern and as a Research Assistant at the Southern and Eastern African Trade Information and Negotiation Institute in Zimbabwe. Currently, Winnet is working as a Programmes Assistant on the Economic Justice and Youth Empowerment desk at the Zimbabwe Council of Churches.

Sandra Bhatasara is a senior lecturer in the Sociology Department at the University of Zimbabwe where she teaches Gender Studies and other sociology courses. She holds a Ph.D. in Sociology (Rhodes University), M.Sc. in Public Policy and Human Development from Graduate School of Governance (Netherlands) and an M.Sc. in Sociology and Social Anthropology from the University of Zimbabwe. She is also gender justice activist and works with various organisations such as Women and Law in Southern Africa (WLSA) around women’s access to land, justice and governance spaces.

Michelle C. Bonzo Brings is a lawyer and historian who holds a BA in History and Legal Theory and an LL.B., both from Rhodes University, South Africa. Michelle is currently studying towards an M.Sc. in Development Studies at the Women’s University in Africa, Zimbabwe so as to further develop her interest in the interworkings of African history and its influences on culture, economics and the development of the African society in all its spheres.

Wonder Chinhuru has an MA in Public Administration from Water Sisulu University in South Africa. He has worked for various NGOs in Zimbabwe including Goal International Zimbabwe, World Vision International and CARE International under the ENSURE, ECHO and Lean Season Assistance projects respectively; the World Food Programme under the Country Strategic Plan, Vision 2025, Oxfam International Zimbabwe under the OFDA programme. He has gained experience in the fields of emergency response, disaster risk reduction, food security/nutrition, project management, governance, child rights iv v and protection, adolescent commercial sex research, HIV and AIDS, gender, report writing, data collection verification, screening and entry. Edson Chiwenga is a social scientist who holds a degree in Sociology from Great Zimbabwe University and a M.Sc. in Sociology and Social Anthropology from the University of Zimbabwe. He also holds a Diploma in Human Resources Management. He is a budding researcher with an interest in livelihoods, gender, social policy and community development. He worked in the Ministry of Women Affairs, Gender and Community Development 2014-15. He is currently working in development consultancy, specialising in research, monitoring and evaluation.

Manase Kudzai Chiweshe is a Senior Lecturer in the Department of Sociology, University of Zimbabwe and winner of the 2015 Gerti Hessling Award for the best paper in African studies. His work revolves around the sociology of everyday life in African spaces with a special focus on promoting African ways of knowing with a specific interest in, agrarian studies, gender, identity, and livelihoods. This work is directly focused on the lives and lifeworlds of rural and urban communities. He is widely published. Tafadzwa Oswald Dhalakama is the climate change and environmental project co-ordinator with Konrad Adenauer Stiftung. He has previously been a lecturer at the Herbert Chitepo Law School, Great Zimbabwe University and worked with the Zimbabwe Environmental Law Association. As an admitted Legal Practitioner of the High Court of Zimbabwe, Tafadzwa has also been part of the Zimbabwe delegation to the Conference of Parties under the United Nations Framework Convention on Climate Change. His research interests are in environmental law, climate change and property rights.

Mercy Manyuchi is the Director for Mining Research, Value Addition and Beneficiation in the Ministry of Mines and Mining Development. She is a professional Chemical Engineer and is a Masters and Ph.D. graduate from Stellenbosch University and Cape Peninsula University of Technology respectively. Dr. Mercy is passionate about promoting Women in Mining initiatives and promoting sustainable mining practices.

Nogget Matope is currently a lecturer at Midlands State University under the Gender Institute where she teaches Gender Studies. She holds a Ph.D .in Education from Nelson Mandela University, South Africa. She also has a Masters in Educational Sociology, Post Graduate Certificate in Education and BA in English and Linguistics from the University of Zimbabwe. She has published widely research papers on women and agriculture, gender-based violence, prostitution, gender and education, gender budgeting, women in mining and gender

vi analysis. She has also contributed book chapters and presented academic papers at regional and international research conferences. Maruzani Nyevero has a M.Sc. in Gender and Policy studies. She is currently, a lecturer at the Midlands State University in the Gender Institute where her core business is teaching, research and community engagement. She has published in gender, gender and education; gender and disability and women in mining. She is an academic who has presented papers at various international conferences held locally and regionally. She believes that sustainable entrepreneurship, situated in a conducive policy framework, can help redress gendered social and economic challenges at micro- and macro-levels. Nomathemba Ndlovu is a registered Legal Practitioner and a holder of an LL.B. Hons Degree from the University of Zimbabwe. She also has a certificate in animal law advocacy and a certificate in Monitoring and Evaluation. Nomathemba has extensive research experience on the evaluation and reform of the legal and justice processes, with specific focus on access to justice for women and other marginalised groups acquired from legal practice. Her passion for the law has led her to great paths whereby Noma is constantly focused on resolving legal issues and always looking for ways to improve and evolve legal processes in Zimbabwe.

James Tsabora is an academic and senior legal consultant. He holds an LL.B. from the University of Zimbabwe, a Master of Laws (Environmental Law) from the University of KwaZulu-Natal, South Africa and a Ph.D. in Law, from Rhodes University, South Africa. Currently, he is the Dean of the Faculty of Law at Zimbabwe’s Ezekiel Guti University, Bindura where he also lectures. Dr Tsabora has published widely in areas of constitutional law, human rights law, mining law and property law, and presented various papers at research conferences, academic seminars and similar platforms. He has also worked with various governmental and non-governmental organisations and state institutions.

Byron Zamasiya is a Programme Officer at the Zimbabwe Environmental Law Association (ZELA) and a doctoral candidate at the Centre for Applied Social Sciences, University of Zimbabwe. Prior to joining ZELA, Byron worked for the Catholic Institute for International Relations as a Gender Economic Development and Policy Advisor. During his placement at ZELA. Byron conducted research on local content development initiatives. His research interests are in natural resources management, economic empowerment, climate change and agricultural innovation systems.

vi vii viii Acknowledgements

Women and Law in Southern Africa (WLSA) would like to offer their thanks to The Open Society Initiative for Southern Africa (OSISA) for availing the funds for the research and development of this text. Thank you for believing that gendering the mining sector is an important issue. We would also like to thank the contributors to this publication without which none of this would be possible. We appreciate all your hard work. WLSA would also like to acknowledge the role played by the reviewers Dr Admark Moyo of the Faculty of Law at Great Zimbabwe University, Dr Elizabeth Rutsate of Southern East African Regional Centre for Women’s Law at the University of Zimbabwe, and Dr James Tsabora of Ezekiel Guti University whose contribution to this work was immense. We would also like to thank Weaver Press for their careful work in developing the publication. Finally, to the WLSA team past and present who have worked tirelessly to make this project and its outcome possible.

viii ix x Preface

Putting Women at the Centre of Extractivism: A Compendium on Gender and Extractives is the result of a two-year project funded by The Open Society Initiative for Southern Africa. WLSA identified a compelling need to interrogate the role gender plays in the extractive industry as women are particularly excluded from this area. This publication contains the results of research into gender and power relations in the mining sector, voice and agency in service delivery, gender-based violence, decision-making processes, ownership and control of land and productive resources, ensuring equitable economic and social benefits for women in mining communities, taxes and revenue sharing. Culture and human rights are also considered, as are the changes in traditional norms and patriarchal behaviour that must be effected to achieve gender equality. Readers will also become aware of the issues of health and safety and the hazardous work practices that can adversely affect women, particularly those working in artisanal and small-scale mining operations. Putting Women at the Centre of Extractivism provides an overview of a range of issues featuring women’s involvement in the mining sector. It challenged the researchers to use feminist analysis in order to be ‘provocative’ and relevant. Very few people have had the good fortune to live and work among women and men in the mining sector. The research that forms the basis of these chapters explores the struggles, opportunities and lived realities of women in diverse settings and how they experience, benefit or are impacted by mining and extraction of resources. We hope that this publication will provide an introduction to anyone interested in learning more about the position of women who work on the mines and the issues that must be addressed if women are to achieve equality as outlined in the Zimbabwe Constitution. Finally, WLSA hopes that this publication will provide a baseline that will drive a new research agenda on gender and extractives which can provide evidence for policy, legal reform and practice

Women and Law in Southern Africa April, 2019

x xi

1

Women, patriarchy, capitalist interests and the mining sector in Zimbabwe

Manase Kudzai Chiweshe and Sandra Bhatasara

Abstract related legislation such as the Gold Act. Our analysis foregrounds various policy, legislative This paper provides a nuanced analysis of how and programming recommendations focused patriarchal norms, values and practices influence on dismantling the patriarchal basis for women’s women’s participation and positions within exclusion and marginalisation in the mining the mining sector in Zimbabwe. The analysis sector. Such recommendations are not only focuses on understanding the intersecting forms targeted towards opening spaces and increasing of exclusion and oppression that affect women’s the number of women in the mining sector, but continued marginalisation within the mining also to ensuring that participation transforms value chain. The research further examines their lives and livelihoods. women’s experiences within the mining sector, Key words: Women, mining, patriarchy, highlighting their lived experiences and agency Zimbabwe as they respond to various structural challenges in the sector. Finally, the chapter analyses the 1. Introduction gendered mining law and policy in order to better understand the patriarchal underpinnings This chapter provides a nuanced analysis of of the mining institutional architecture. The 2013 the patriarchal nature of the mining industry Zimbabwe Constitution provides for economic in Zimbabwe. It focuses on how processes of rights and gender parity as well as an opportunity exclusion are experienced by women across the for mining sector legislative and policy reforms. mining value chain. It has been documented However, despite these Constitutional provisions, that inequities in political power, distribution women are still grossly under-represented in of income, capital assets, and access to other Zimbabwe’s mainstream mining activities. The critical resources have resulted in the increased provisions are yet to be translated into reality susceptibility of women to chronic poverty and practical policy initiatives in relation to (Hinton et al., 2003). In relation to Zimbabwe, gender parity. This chapter thus analyses the it is generally argued that mining is a masculine Mines and Minerals Act (1961) and other mining endeavour, making mining by men more

1 1 Putting Women at the Centre of Extractivism acceptable at both societal, institutional and policy secondary importance, placing their participation levels. Men in mining are perceived as individuals on the periphery, and marginalising their conquering nature in what is mythologised as achievements in the sector. This primarily ignores mysterious, dangerous, filthy and heroic work. women’s agency and how they navigate this male- As such male miners are perceived as the norm, dominated or masculine mining terrain. Equally, whose interests should surpass those of female this downplays how women can sustain their miners (Lahiri-Dutt, 2006). Men also dominate livelihoods within this sector. Simultaneously, ownership of mines in both the small-scale and the participation of women in mining activities is multinational mining industries across the world, often overshadowed by their involvement in other including Zimbabwe (Rufai, 2017). In Zimbabwe, sectors, such as agriculture, and as such their small-scale women miners seeking mining rights direct and indirect roles in the mining sector are usually face challenges in the application process, often not given sufficient attention in research and as they may not meet the qualifications, compete economic terms. Hence it is not surprising that a with large companies or lack collateral security large number of studies are silent on the gender and capital that may be required.1 facets underpinning the mining sector in general At the same time, it is now widely recognised and small-scale mining in particular. that increasing women’s access to various 2. State of gender in the mining resources, including economic opportunities represent a great opportunity for addressing sector women’s poverty. In this regard, the mining sector Mining is the fastest growing sector in Zimbabwe is significant. Yet, the mining industry, regardless with a growth rate of 40% between 2011 and of context, has historically been characterised by 2014, contributing an estimated 47% to the GDP a gender imbalance in favour of men (Buthelezi, during this period (Mining Review Report, 2014). 2013). Whilst women all over the world toil as While commonly presented as development miners, and have done for centuries; mining is still opportunity for national governments and local seen as a quintessentially masculine endeavour communities, mining has also been named ‘the (Lahiri-Dutt, 2011). From the global scale to the evil sector’ because projects repeatedly trigger local spaces, it has a long-established image as a livelihood shifts, dislocation from ancestral lands display of human power and masculinity (Gier and insidious social, cultural, environmental, and Mercier, 2006) and a site for the reproduction and economic changes (Bhatasara, 2013). The of patriarchal values. artisanal and small-scale mining sector has been In many instances, the numbers of women highly politicised and contested, and the politics involved in mining have been estimated. There are, of controlling extraction and trade are part of a however, very few accounts telling the stories of bigger story of elite accumulation and patronage individual women in specific empirical contexts in (Mawowa, 2013). Mawowa further elaborates Zimbabwe. There is also a paucity of information that in Totororo in Kwekwe district, the gold concerning the heterogeneity of women in the fields were populated by artisanal miners before mining sector and their specific lived experiences. one powerful male figure thwarted makorokoza Their experiences are distant from the large-scale through a combination of violence (using local mines that occupy a privileged place in the global police and youth militia), political and legal imaginary (Lahiri-Dutt, 2011) hence they deserve manipulation, and created a stable registered attention. Furthermore, the available fragmented small mining operation. As such opportunities for literature predominantly implies that women are of employment became limited to the patron’s own political clients, who are mostly men. Essentially 1 https://internationalwim.org/the-challenge-of- being-a-female-miner-in-zimbabwe/ what has been witnessed and still continues in the

2 Putting Women at the Centre of Extractivism Women, patriarchy, capitalist interests and the mining sector in Zimbabwe

gold mining sector is the instrumentalisation of in Zimbabwe is still regarded as heavily skewed disorder and violence that scholars have alluded in favour of men due to several circumstances to (see Chabal and Caloz, 1999) through coercive which include patriarchal practices, lack of high state apparatus. That is why where artisanal initial investment capital and societal perceptions. miners clash with police or vigilante groups go on Women in the country remain largely marginalised the rampage, this only goes as far as the state or in many economic sectors, including in mining elements within it can tolerate, and can be readily where they constitute a mere 2% of mining labour crushed by the police or military (Mawowa, force, let alone as business owners in this sector. 2013). Less commonly, women are concession owners, Evidence is clear that the mining sector in the mine operators, dealers and buying agents, and country is no place for a woman. In spite of a equipment owners. Importantly, despite the plethora of economic empowerment frameworks diverse and important roles (some which are women remain at the periphery of the mining unrecognised and undervalued (Eftimie et al., sector. In the gold value chain for instance, 2012) undertaken by women in mining, limited women constitute only 10%. The predominantly reliable, empirical information is available on patriarchal state represents male supremacist this topic. The paucity of reliable information and neo-liberal capitalist interests in the mining concerning women’s involvement in mining industry. Mining is not only masculinised, but to represents a major, specific knowledge gap. some degree securitised. The Ministry of Mines Apart from the above, what is also making and Mining Development, and its various boards it problematic for women to penetrate the are led by men and the mining legislation does not sector is that it is marred by transparency and explicitly consider differentiated gender needs. accountability challenges. This does not mean that In rather a flawed manner, it presupposes that corruption and mis-governance in the mining access to mining resources is equal and free for all are only male practices, but in most cases, there genders. are gendered effects which make it precarious Looking at the gender dynamics, women are for women to penetrate the sector. For instance, more likely to operate as informal miners than in cases where large bribes are demanded, some males because of structural impediments to women may not afford them, but end up paying mining claims acquisition (ZELA, 2016). The using their bodies, a practice termed ‘sextortion’. Ministry of Women Affairs (2013) revealed that A study by Transparency International Zimbabwe although women are involved in the mining (2012) established that politicians, notably senior sector as entrepreneurs, workers and members male government ministers and officials were of communities affected by mining operations, implicated in most corrupt activities concerning they still derive limited benefits because they are the extraction, sale and exportation of gold and still marginally represented in the sector. A study diamonds in Zimbabwe. As a result, mining by PACT (2015) also revealed that whilst there has only benefited a few politically connected are opportunities for economic empowerment, individuals and investors – local women and women in mining areas engage in rudimentary, youths have not attained any material benefits. illegal and informal mining for their livelihood The challenges related to mining transparency and and sustenance. accountability also permeate the whole mining Zimbabwe is estimated to possess 25,500 industry, including in the generation and use of million tons of mineral resources, of which 10,500 mining revenues and payments which have been million tons are potentially extractable (Mining shrouded in secrecy. For instance, the specific Review Report, 2014). Nonetheless, despite having terms governing each mine are contained in such resources, the gender proportion of miners project-specific ‘mining agreements’ or contracts.

2 3 Putting Women at the Centre of Extractivism

Unfortunately, Zimbabwe’s mining agreements gold miners in Zimbabwe and an estimated are confidential documents and are not publicly 153,000 miners are women and children. In disclosed.2 Others have also observed that a ‘a weak these informalised spaces, women also engage in mineral fiscal system, not collecting sufficient transactional sex. Chatiza et al (2015) found that in revenue resulting in loss of mining revenue mining communities in Chimanimani, Chpinge, remains a challenge why the sector has not lived Buhera, Chakari and Gokwe marginalisation up to expectations as a generator of meaningful forced women into sex work. government revenues’.3 Women are also not just mere victims as portrayed in most literature and policy discourse. 3. Women’s Roles in Mining in According to the MWAGCD (2011) women from Zimbabwe different professions are increasingly applying for From an intersectionality theory,4 women’s roles mining licences and seeking to invest in mining in mining are multiple just as are their identities. projects. They are, however, facing structural Bradshaw et al (2017) allude to the fluidity of challenges in gaining such opportunities with women’s identities as workers, ‘whores’ and wives. many women focusing on investing in diamond For instance, only 15 % of the 50,000 artisanal mining, cutting and polishing, coal and tantalite gold miners in the small scale-mining sector are mining. This is a good entry point as it is a new women, while 80% of the small-scale gold and sub-sector for the indigenous people in Zimbabwe. gemstone claims belong to men.5 In addition, It is, however, important to ensure provisions of 95 % of women in gold mining are in the small- gender equity provided in the constitution are scale sector, while 55% of illegal gold panners are followed in the mining sector. Applications for women (Ministry of Women’s Affairs, Gender and diamond mining have been submitted by several Community Development, 2011). Again, 70% of women’s consortia to the Zimbabwe Mining and the 25,000 small-scale miners registered under Development Corporation (ZMDC) and there the Zimbabwe Miners Federation (ZMF) are in are around ten registered companies of more gold mining. It is estimated that approximately than 150 women each that submitted applications 15% of all those who are involved in small-scale for alluvial diamond mining concessions in the mining in Zimbabwe are women (therefore about country (MWAGCD, 2011). There is also need for 3,750 women are currently involved in small-scale updated gender disaggregated data derived from mining in Zimbabwe), 95% of whom are involved empirical research to aptly capture how women in gold mining.6 According to Ncube (2015) are currently positioned in the sector. there are over 400,000 unregistered artisanal 4. Patriarchal and Cultural 2 ZELA (2013) Mining Contracts: How to Read Norms: Barriers to Women them. ZELA, Harare. 3 See ‘The Extractive Industry in Zimbabwe: An Patriarchal power relations between men and Evaluation of Trends in Corporate Social Investments, women are produced and reproduced within Taxes Paid, Stakeholder Participation and Linkages to extractive industries, and the ‘supernormal profits’ Service Delivery of Local Authorities (2009–2014)’. to be made there encourage the development 4 See Krenshaw K (1989) ‘Demarginalizing the intersection of race and sex: A black feminist critique of ‘supernormal patriarchy’ (Bradshaw et. al, of antidiscrimination doctrine, feminist theory and 2017). Patriarchal traditional beliefs and myths antiracist politics’.University of Chicago Legal Forum, segregate women from mining activities. BSR 140: pp. 39-167. (2017) observe that 5 to 10% of the global mining 5 http://www.women.gov.zw/news/120-mining- workforce is female. Besides that, some sub- review-workshop Saharan African countries have superstitions, for 6 http://www.ipsnews.net/2018/03/women-miners- stake-claim-zimbabwe/ instance, that the presence of women in the mines

4 Putting Women at the Centre of Extractivism Women, patriarchy, capitalist interests and the mining sector in Zimbabwe

‘makes minerals disappear’. In a Zimbabwean gold the proceeds of their mines. Most women are not mining community of Penhalonga, women are part of the formal mining system, not out of choice not allowed to venture into gold mining activities but because the patriarchal system (designed to or even to touch mining tools as it is believed foster male interest) intentionally locates them that their presence will make gold disappear. on the periphery as both mine workers and mine The beliefs reinforce the idea that mining is not owners. a career option for women. Globally, only 10% 5. Gendered Analysis of Legal of women hold management roles in the mining sector and one per cent hold executive positions and Policy Frameworks in the (Chimhepo, 2012). Some women are employed Mining Sector on and around the mines, but their work is not The new Zimbabwe Constitution provides recognised and they are often constructed only for economic rights and gender parity as well as ‘wives’ or ‘whores’ (Bradshaw et al., 2017). In as an opportunity for sector legislative and Zimbabwe, Mwase (2016) found that in Murowa, policy reforms. For instance, section 17 of the men and women are employed using the lottery Constitution calls for the State to promote gender process, but some women are forbidden by their balance; section 56 of the Constitution provides husbands from working for the mine. Men felt for gender equality and equal access to social, that their masculinity would be threatened when economic and political opportunities, section 80 their wives become mine workers. of the Constitution solidifies women’s rights and Extractive industries are strongly patriarchal the concept of gender equality; section 14 calls for sites but the women affected by the extractives empowerment of all marginalised persons, groups sector and associated patriarchal structures and communities whilst section 16 requires the are not a homogenous group (Bradshaw et.al., State to promote and preserve only those cultural 2017). In Zimbabwe, the idea that women are values and practices that enhance human dignity, not supposed to go near mining claims disallows the well-being and equality of Zimbabweans. An them from physical access as mine peggers as well important law that supports gender balance and ownership rights to mines, and they are prejudiced equal opportunity in economic issues is the Public against when they try to acquire gold claims. Mine Entities Corporate Governance Act [Chapter peggers, who are predominantly male, generally 10:31] whose provisions regulate the composition prefer to give preference to male applicants. This of boards of public entities, their appointment, exclusion is evident in that only two women own tenure, conditions of service. This law calls for gold claims in Penhalonga, an area with more than absolute gender equality in these matters. 7,000 people (Mwase, 2016). As such, women However, despite these constitutional are more likely to operate as informal miners provisions the mining sector still operates outside than males because of structural impediments the Constitution. Government policies may be to mining claims acquisition (ZELA, 2016). In crafted in a way that segregates women from Donjani/Zhombe and Mbizo only 10% of women the mining process (Saunders, 2014). There are are registered with the Mining Commissioners several policies in Zimbabwe that address mining and only 15% of registered small-scale miners are issues; however, most policies still fail to address women. Chimhepo (2012) argued that even when the problems women have persistently faced. some women have mining claims, they are not They treat men and women impartially, yet they allowed to go anywhere near the mining site and have different encounters with both policies they have to rely on male workers. The latter can and patriarchy. Women and Law in Southern lie about the amount of gold they extract, making Africa (WLSA, 2012) notes that the Mines and women miners in Penhalonga fail to benefit from Minerals Act (1961) and the Gold Trade Act

4 5 Putting Women at the Centre of Extractivism

(1972) among others have colonial remnants that another weakness of the act is that it does not force impede the incorporation of women in mining. mining companies to use or lose their mining The three major laws, namely the Gold Trade rights. Some mining companies are holding on Act, the Mines and Minerals Act and the Precious to land they are not using. Zimbabwe Mining and Stones Trade Act (1979) were passed before Smelting Company (ZIMASCO) is holding land both the repealed Lancaster House Constitution from 1904 that it is not using. If large companies of 1979 and the current 2013 Constitution of were forced to give this up, the land could be given Zimbabwe. These laws are not based on current to women small-scale miners, many of whom progressive principles, standards and normative already have significant experience of small-scale approaches that promote gender equality, women’s mining. The Act does not oblige mining companies participation and involvement in the extractive to conduct social and cultural impact assessment sector value chains. of the project before they start operations, which The old laws have led to the development of makes women vulnerable to receiving negative haphazard policies that are controversial and consequences of large-scale mining. retrogressive in relation to gender equality and Under the then Indigenisation and Economic promotion of access by women to economic Empowerment Act (2008),8 the law did not make opportunities in the extractive sector. Women it compulsory for shares to be transferred to the were excluded by these policies in the colonial community; hence, some companies chose not era and continue being disenfranchised in post- to comply with the requirements of ownership colonial Zimbabwe. The amendments in the laws trusts. Chatiza et al (2015) observed that that do not address the social and historical inequalities even though Community Share Ownership Trusts that inherently negatively affect women more (CSOTs) were created to address societal problems, than males. There are socially and institutionally women’s issues were not being addressed and most sanctioned barriers that are preventing women of the companies are not investing in communities from participating in mining as well as a worrying as promised. Natural Stone Company in Mutoko lack of political commitment to addressing these pledged to build schools, repair roads and drill barriers. In the artisanal and small-scale gold boreholes yet it did not honour its promises. mining sector, the government contradictory Simultaneously, the Gold Trade Act (1972) has and shifting regulations have impacted women clauses that control the provision of gold mining severely. In reality artisanal mining is regulated licenses and how they are used. The act impedes by the police, RBZ, ministry of mines and gold mining activities of women because they are ZANU(PF) structures yet at same time the police arrested if caught pounding, selling or transporting also launch selective crackdowns on illegal mining gold. The statutory minimum sentences for the sites, accusing artisanal miners of selling gold on possession of gold can also negatively impact the parallel market (Mawowa, 2013). women especially in instances where small There are glaring gaps in the Zimbabwean amounts of gold are involved. An example is of legal framework. WLSA (2012) explains that a woman in Bulawayo who was sentenced to five the Mines and Minerals Act regulates mining years in prison for being in possession of 1.9 grams operations by small, large and artisanal miners. It gives conditions on which licences, permits, and of Mining’. https://library.fes.de/pdf-files/bueros/ simbabwe/13739.pdf mining rights may be granted. However, it does 8 Finance Act, 2018 (No. 1 of 2018), was published not address gender and environmental issues in as law in the Zimbabwean Government Gazette relation to mining.7 Mwase (2016) observed that Extraordinary dated 14 March 2018 and provided amendments to the Indigenisation and Economic 7 See: Maguwu F. (2016) ‘Extractivism, Social Empowerment Act to restrict the 51/49 % threshold to Exclusion and Conflict in Zimbabwe: The Case diamonds and platinum sectors only.

6 Putting Women at the Centre of Extractivism Women, patriarchy, capitalist interests and the mining sector in Zimbabwe

of gold.9 Another 23 year old lady was sentenced their work. However, their failure to monitor to five years for being in possession of gold worth environmental impact of mining activities once 15 cents.10 In Mutasa, a woman was sentenced to companies begin their mining activities render the mandatory five years in prison for being in these initial efforts futile, as environmental possession of diamonds worth US$10 and in court degradation continues. Women are mostly she could not afford legal representation.11 The affected, as they should provide food and water to police confiscate their equipment upon arrest. This the family in the face of air and water pollution has a negative effect as women as breadwinners caused by mining. In addition, WLSA (2012) in a context where most men are unemployed or highlighted that the National Environmental have migrated to neighbouring countries but do Policy focuses on maintaining environmental not send remittances. Subsequently, ome women integrity. It perceives mining as an environmental give up mining due to the arrests and confiscation issue that needs regulation. It recommends to of equipment and gold (WLSA, 2012). the Government of Zimbabwe and the mining The Environmental Management Act is industry to attend to environmental impacts of concerned with environmental protection and small-scale mining. It explains that small-scale environmental impact assessment of mining miners have a role to play in maintaining the programmes. As a fairly recent legislation (2002), environment, yet it does not refer to women. Even it ideally promotes community participation in though women are a major constituent of small- environmental control but it perceives society as a scale miners, they are excluded from the policy. single entity, instead of differentiating the different It has been announced that some legislative and roles that men, women and children can take. It policy reforms have led to opening up of the sector fails to explain the dangers that women can face allowing the entry of small-scale miners, including in relation to environmental degradation caused women, who are estimated to be in control of by mining. It stresses that communities should 30% stake in the sector (Mining Review Report, benefit from programmes such as Community 2014). The medium- to large-scale mining sector Ownership Share Trusts, but it does not stipulate is also growing, thus opening up opportunities the ways to ensure that benefits are shared equitably for new investors and employment opportunities (WLSA, 2012). Even though there is emphasis that in mining and of technical professionals. But the a prospective mining company should consult Mines and Minerals Amendment Bill is in limbo. A widely on the environmental impact of a mining number of issues are still contested such as farmer project before starting operations; women are and miner land rights, fair compensation and rarely consulted because under customary law consent by communities, so that the government they are not heads of households. To that extent, does not have unilateral powers to annex land the Act fails the gendered approach test, and need and relocate communities. There is no mining revisiting. policy framework or framework for transparency Chatiza et al (2015) are of the view that the and accountability. Mega deals are not being Environmental Management Agency does well scrutinised and the exclusion of communities when it issues environmental impact assessment especially women is clear. certificates to companies before they start 6. The convergence of 9 https://bulawayo24.com/index-id-news-sc-local- Patriarchy and Capitalist byo-77623-article-pelandaba+woman+jailed+5+years +for+possession+of+1,90g+of+gold.html Interests 10 https://www.chronicle.co.zw/5-years-jail-for-15c- gold-possession/ The convergence of patriarchy and capitalist 11 https://www.dailynews.co.zw/articles/2018/04/12/ interests in Zimbabwe is no coincidence. The woman-jailed-5-years-for-10-diamonds extractive industries tend to produce and

6 7 Putting Women at the Centre of Extractivism reproduce highly patriarchal contexts (Bradshaw are usually male. Securitisation of mine fields et al., 2017). Women – in terms of rights and through deployment of soldiers and police officers access – were incorporated in the 1991 alluvial (mostly men) ensures that it is mostly men who Gold Panning Act, to also benefit from the policy. can get access to the mining fields. In Totororo Nonetheless, the benefits evaporated when the act in Kwekwe, Mawowa (2016) discovered that the was repealed in 2006 (resulting in gold panning whole chain of artisanal and small-scale mining is being made illegal) and many women lost their controlled by powerful people - for example, the livelihood, as gold panning had become a major so called ‘local’ gold buyers are, more often than source of income for them. Illegalisation of alluvial not, front men acting on behalf of big chiefs in gold mining and centralisation of gold mining government, ZANU PF party or business. Hence, permits back to the Ministry of Mines effectively the convergence of patriarchy and the ruling party omitted the avenues that women used to get into elite accumulation reinforces male domination alluvial gold panning. Therefore, the Zimbabwean and female exclusion by concentrating mineral government can be regarded as a patriarchal state wealth and property into the hands of a few as most of its policies are biased towards men and men. This has created what has been regarded a have a more detrimental and exclusionary effect vulturine class (Mawowa, 2013). on women. The ‘real’ capitalists are members of Violence is another structure that can be used the ruling elite who have control over the means by patriarchy to subjugate women (Walby, 1990). of production through the party-state (Mawowa, During security operations against informal 2013).Besides that, the characteristics of mining diamond and gold miners by the military and industries make them sites of hyper-masculinity police officers in various parts of Zimbabwe (for (Bradshaw et al., 2017) because both mining and example, between 2006-2007), many women miners are associated with strongly masculine suffered. Many women were abused during the identities (Lahiri-Dutt and Macintyre, 2006), and operations and some most of them decided to this masculinity is ingrained in the ‘corporate refrain from mining ventures to avoid violence machismo’ of the globalised capitalist industry and brutality from security agents. In cases where (Lahiri-Dutt, 2011) women manage to penetrate the masculine It is evident that some Zimbabwean policies mining terrain, as mine workers for instance, in the mining sector were made in the interests they also face various forms of economic, physical of local and international capitalists. The and psychological violence. Chirisa reported government policy of privatising minerals, for that women in mining, particularly in the gold instance, Marange Diamonds was based on a mining sector, are experiencing a number of combination of selfish patriarchal and capitalist challenges such as victimisation by male miners, entitlements of mostly male, senior government, dispossession of their claims, and various other and security officials. Likewise, the intervention forms of gender-based violence, resulting in of the government by cancelling African many women fearing to venture into mining.12 Consolidated Resource’s licence and replacing Bradshaw et al. (2017) argued that the male it with government related Mbada Diamonds capitalist elites who control extractives benefit and Canadile Miners reflect capitalistic interests from their workers being able to command and by the powerful male elites. Such privatisation control women. Similarly, even though earning and eviction of community members from the money through mining gives women miners area effectively prevented community members more choices than traditional means of making a including women from accessing the diamond living and lessens their economic reliance on men, fields. As such, the policies were made by the government for personal gain of top officials, who 12 https://www.newsday.co.zw/2018/02/women- mining-demand-protection/

8 Putting Women at the Centre of Extractivism Women, patriarchy, capitalist interests and the mining sector in Zimbabwe

they still experience structural gender inequality, spaces. facing several forms of violence in mine camps There is also a clear nexus between gender based (Mpagi et al., 2017). violence and the artisanal and small-scale mining Both spontaneous and organised violence are sector. It has also been noted that overlapping common features of artisanal and small-scale mining claims, double or multiple claim allocation gold mining, as rival miners and syndicates increases women vulnerabilities to violence contest access to mining sites or resist police – (Mutonhori and Sibanda, 2017). Added to that along a local – ‘foreigner’ (from another region are corrupt practices of Ministry of Mines and or village) dichotomy (Mawowa, 2013). Even Mining Development officials and mainly male press reports show an increasingly violent space investors which causes arbitrary displacement which is characterised by machete wars between of women from gold claims. The above scholars male rival gangs.13 In April 2018, two people died submitted the following forms of GBV: at Gaika Mine in Kwekwe in what was described • Corruption by the police officers creates as a machete war between rival groups.14 Kwekwe conditions were interpersonal violence has overtime seen an increase in artisanal gold frequently occurs in the sector as the police mining related crimes including murder and receive bribes and openly harass rightful robbery.15 Such events negatively affect women women claim owners and their workers to who are further excluded from mining because hound them off their operations. of the violence involved. Newspaper reports also • Women mine owners frequently face sexual allege the involvement of political mine-lords and physical harassment from the male or godfathers in the control of artisanal gold dominated labour-force who threaten to mining.16 One of the most ruthless gang known as gang-rape them if they are not paid their MaShurugwi (loosely translated to from Shurugwi) expected share of proceeds regardless of gold has an extensive national network of violence and output and expenses. murder.17 It has also been reported that violence • The long delays in settling claim ownership can also ensue between registered syndicates disputes often-times unnecessarily, by the against unregistered miners, or lie between rival Ministry of Mines and the courts are a form registered elite-controlled syndicates. One such of result in women suffering due to loss of violent group of artisanal miners in Kwekwe is livelihoods for them and their dependents the ‘Vampire group’, which was infamous for mainly children who need school fees, food violent behaviour and disrespect for other people’s and clothing. property in digging for gold ore (Mawowa, 2013). • Violence caused by machete wielding gangs These gangs are dominated by males and this is making the sector unsafe for women makes it difficult for women to participate in such miners yet corrupt police officers are not 13 https://www.newsday.co.zw/2019/02/battlefields- arresting known gang leaders because of a-place-of-blood-conflict-and-pain/ bribes. 14 https://www.chronicle.co.zw/video-machete-war- • Illegal arrests and detention of women by at-gold-mine-two-dead-community-project-shut- mostly male police officers on alleged crimes down/ make women vulnerable to sextortion. 15 https://www.chronicle.co.zw/gold-panning-in- midlands-causing-surge-in-violence/ • During administration of deceased estates, 16 https://www.newsday.co.zw/2018/05/ where the estate involves a rich gold claim chief-makorokozas-bless-kwekwe-use-money- and where the likely beneficiary is a woman, to-buy-votes/;https://www.theindependent. the probability of them being dispossessed of co.zw/2017/09/15/mnangagwa-allies-linked-murders/ the claim is very high compared to when it is 17 https://www.sundaymail.co.zw/mashurugwi- wreaks-havoc a male beneficiary.

8 9 Putting Women at the Centre of Extractivism

7. Women in Mining-related 2012). Zimbabwe Environmental Law Association (ZELA 2014) explains that the trusts were created Institutions to allow communities to have social development. In 2007 the government created the Indigenisation Sixty-one trusts were created and a few of them and Economic Empowerment Act, which states honoured their pledges. Anglo-American Unki that indigenous Zimbabweans shall own at least Mine invested $10 million in the Tongogara 51% of every public company. Section 14(b) CSOT. Zvishavane CSOT has helped to construct of Statutory Instrument 21 of 2010 provides Murowa School and rehabilitate Mhondongori for the establishment of Community Share clinic, but the developmental needs of women Ownership Trusts, which shall hold shares in have not been addressed. The CSOT also appeared qualifying businesses on behalf of their respective to be performing welfare-oriented programmes communities. The thrust of the scheme is to ensure instead of starting projects that bring sustainable that communities benefit from the exploitation development and eliminate gender inequality. of natural resources within their areas. CSOTs The CSOTs are chaired by traditional chiefs were launched in Mhondoro/Ngezi, Zvishavane, who are the bastion of cultural practices most of Shurugwi, Gwanda and Marange, Mashonaland which are detrimental to women’s rights. Women Central and Hwange. Experiences in Mhondoro- are sidelined and do not have equal chances of Ngezi highlight how CSOTs remain influenced by ensuring their interests are served within CSOTs. the dominant patriarchal system. Women have Kahari (2012: 24) argues that: one representative out of 15 members of CSOTs. The Community Share scheme does not address The Indigenisation and Economic Empowerment CEDAW convention that requires State parties Act (14/2007) provided that on ‘behalf of any one to take all appropriate measures to eliminate or more of the following groups of indigenous discrimination against women in rural areas Zimbabweans: and to ensure that they participate and benefit a. Women; from rural development. It is silent on how b. Young persons under a prescribed age: and women will participate in the decision-making c. Disabled persons as detailed in the Disabled process or consultation as far as developmental Persons Act’ projects are concerned as they are impacted more However, analysis shows that this was mere environmentally, socially and economically by window-dressing meant to appear as if gender the presence of extractive industries. representation is an important part of this process. The situation in Mhondoro-Ngezi highlights In reality, women’s interests and concerns are not this serious lack of participation by women who considered. Projects are decided by male elites and mainly complained that they are not consulted on rarely do they speak to what women or ordinary their needs. The voices of women are usually absent community members want. What is clear is that in discussions around the use of resources or the CSOTs were not created to achieve gender prioritisation of projects. The fact that traditional equity. Gender equity issues emerged as side chiefs lead these institutional frames limits the issues, thus there has been very little political will participation of women especially youths. Young to use them to promote equity. The weakness of women are neither involved nor consulted within the act was that it did not have a quota system or this framework of CSOTs (Chiweshe, 2017). affirmative action measures that empower women However, as argued before, women should not and girls. This allowed men who occupy leadership only be constructed as vulnerable and victims. It positions as traditional and community leaders to is imperative to acknowledge, where evident, their benefit from the Community Share Ownership agency and activism in confronting, subverting Trusts (CSOTs), while segregating women (WLSA

10 Putting Women at the Centre of Extractivism Women, patriarchy, capitalist interests and the mining sector in Zimbabwe

and even reconfiguring patriarchy and capitalist government of Zimbabwe should review the interests in the mining sector. Zimbabwe Women existing constitutional, political, legislative, and in Mining and Mines Development Trust has regulatory frameworks to address provisions that therefore been involved in raising awareness of hinder women’s equal participation in mining challenges facing women including inaccessibility especially the Mines and Minerals Act. Improved of capital to fund their operations, inadequate corporate governance and transparency in the machinery and technology, use of hazardous sector is also critical so that women can also substances such as mercury and more recently penetrate the sector fairly easily instead of threats of dispossession of their mining claims.18 engaging in bribes and sextortion. Importantly, The womensmall-scale and artisanal miners are the Mines and Minerals Amendment Bill should therefore pushing for the provision of financing be finalised not only to benefit women, but for by private and public institutions without the broader, equitable and inclusive socio-economic burden of collateral, clarity on the protection of development in the country. their mining claims and safeguarding women against rampant abuse that has been reported in References this industry. Mthandazo Women’s Mining Centre in Collen Bawn, Gwanda District of Matabeleland Bhatasara, S. (2013) ‘Black granite mining South Province is also actively promoting women’s and the implications for the development participation. of sustainability in Zimbabwe: The case of Mutoko communities’. Environment 8. Conclusions and Development and Sustainability 15:6 pp. 1527- Recommendations 1541. The mining sector has largely remained Bradshaw, S., B. Linneker, and L. Overton (2017). unreconstructed since 1980, thereby providing ‘Extractive industries as sites of supernormal few opportunities for women to be mine owners profits and supernormal patriarchy?’Gender or workers. The future of women thus remains and Development, 25: 3 pp. 439-45. bleak despite the rhetoric of a new dispensation BSR. (2017). Women’s Economic Empowerment in and new economic order to attain middle income Sub-Saharan Africa: Recommendations for the status by 2030. Novel interventions focusing Mining Sector. https://www.bsr.org/reports/ on promoting women’s rights and economic BSR_Womens_Empowerment_Africa_Main_ empowerment are thus needed if there is any Report.pdf chance to confront the increasingly growing Buthelezi, N. (2013) ‘Women making inroads male supremacist ideologies and neo-liberal into male-dominated mining sector despite developmental trajectory the country is currently challenges’. Engineering News, http://www. pursuing. It is important to engage the Ministry engineeringnews.co.za/print-version/ of Mines and Mining Development to ensure that exploring-the-leadership-role-of-women-in- in all mining processes due consideration is given the-mining-industry-2013-08-02 to issues of gender equality and empowerment of Chabal, P. and J.P. Daloz (1999) Africa Words: women, including the provision of opportunities Disorder as Political Instrument. James Currey, in concessions, registration, positions of authority London. in the mining value chain and all mechanisms to ensure that the participation of women in mining Chatiza, K., D. Makaza, D. Muchadenyika, R.J. fully transforms their lives and livelihoods. The Murungu, F. Nyaunga, and L. Matsika (2015). ‘When extractives come home: An action 18 http://www.zbc.co.zw/women-miners-push-for- research on the impact of the extractives sector protection-of-claims/

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on women in selected mining communities in Central Zimbabwe’. Journal of Southern African Zimbabwe’. International Journal of Sustainable Studies, 39:4: pp. 921-936. Development 8:12, pp. 45-72. Mining Review Report, (2014). Available at: Chimhepo, W. (2012) ‘Women and Mining: A http://www.women.gov.zw/news/120-mining- Case of Golden Crumbs’. BUWA, pp. 40-46. review-workshop Chiweshe, M.K. (2017) ‘Gendered dimensions Ministry of Women’s Affairs, Gender and of Natural Resource Control within the Community Development (2011). Economic Community Share Ownership Trusts in Empowerment of Women, Mining Sector Study. Zimbabwe’ in M.K. Chiweshe, and J. Mapara Government of Zimbabwe, Harare. (eds.), Perspectives in Sustainable Development Mpagi, I., N. F. Ssamula, B. Ongode, S. Henderson in Zimbabwe, (pp. 25-33). CUT Press, and R.H. Gimbo (2017). ‘Artisanal gold Chinhoyi. mining: both a woman’s and a man’s world. A Eftimie, A., J. S. Heller, J. Hinton, K. Lahiri-Dutt, Uganda case study’. Gender and Development, N. Mutemeri, C. Insouvanh, M.G. Sambo, 25:3 pp. 471-487. and S. Wagner, S. (2012) Gender Dimensions Mutonhori, N. and Sibanda, M. (2017) ‘Women’s of Artisanal and Small-Scale Mining: A Rapid Voices: Gender Based Violence in ASM Sector’, Assessment Toolkit. World Bank, Washington. ZELA, Harare. Available at: http://www.zela.org/ Gier, J.J and L. Mercier, (eds) (2006) Mining zela_blogs/womens-voices-gender-based-violence- Women: Gender in the Development of a Global in-asm-sector/ Industry, 1670 to 2005. Palgrave Macmillan, Mwase, D. (2016) ‘Boom or Gloom?’ An New York. examination of the Impact of Mining Activities Hinton, J.J., M.J. Veiga and C. Beinhoff (2003) on the Livelihoods of Female Small Holder ‘Women and Artisanal Mining: Gender Roles Farmers in Zvishavane District. Unpublished and the Road Ahead’ in G. Hilson (ed.) The Master’s Thesis, University of Zimbabwe. Socio-Economic Impacts of Artisanal and Small- Ncube, N. (2015) ‘Small-Scale Miners Bemoan Scale Mining in Developing (pp. 149–188). High Fees’. The Sunday News. www. Swets and Zeitlinger Publishers, Netherlands. sundaynews.co.zw/small-scale-miners- Lahiri-Dutt, K. (2011) Gendering the Field: bemoan-high-fees-/ Towards Sustainable Livelihoods for Mining PACT Institute (2015) A Golden Opportunity: Communities, Asia-Pacific Environment Scoping Study of Artisanal and Small Scale Monograph 6. Gold Mining in Zimbabwe. PACT Zimbabwe, Lahiri-Dutt, K. (2006) ‘Mining gender at work in Harare. the Indian collieries: Identity construction by Rufai, K. (2017) Shifting Gender Dynamics in Kamins’ in Macintyre, M. and K. Lahiri-Dutt Multinational Ghanaian Mine Jobs: Narratives (eds.), Women Miners in Developing Countries: on Organizational and Sociocultural Barriers. Pit Women and Others (pp. 163–184). Ashgate Unpublished PhD Thesis, Luleå University of Publishers, Farnham. Technology, Sweden. Lahiri-Dutt, K. and M. Macintyre (eds) (2006) Transparency International Zimbabwe (2012) Women Miners in Developing Countries: Pit Annual State of Corruption Report. A Look Women and Others. Ashgate Publishers, at The Mining Sector in Zimbabwe – Gold, Farnham. Platinum and Diamonds. TIZ, Harare. Mawowa, S. (2013). ‘The Political Economy of Saunders, R. (2014) ‘Geologies of power: Blood Artisanal and Small-Scale Gold Mining in diamonds, security politics and Zimbabwe’s

12 Putting Women at the Centre of Extractivism Women, patriarchy, capitalist interests and the mining sector in Zimbabwe

troubled transition’, Journal of Contemporary African Studies, 32 (3): 378-394. Walby, S. (1990). Theorizing Patriarchy.Blackwell Publishers, Oxford. Women and Law in Southern Africa (Zimbabwe Chapter). (2012). ‘Creating a conducive legal and policy environment for women in mining in Zimbabwe: A report on a baseline study conducted in Kwekwe and Zhombe, Midlands Province’. WLSA, Harare. Zimbabwe Environmental Law Association. (2016). ZELA Comprehensive Report, ZELA, Harare.

12 13 Putting Women at the Centre of Extractivism

2

Movement Towards a Gender Sensitive Mining Industry through the Encouragement of Female Participation in Mining Projects in Zimbabwe

Nomathemba Ndlovu and Michelle C. Bonzo Brings

Abstract: history that women have been involved in the mining processes for decades.2 Although the Mining is a lucrative business as it contributes above-mentioned constraints that women face an estimated 60% of Zimbabwe’s export earnings have ensured that their involvement in the profit- and accounts for between 12 and 16% of the GDP bearing places of the industry are nearly non- 1 of Zimbabwe. This shows that mining is a chief existent, we should always commend them for the contributor to the economy as it has the capacity spaces that they occupy through their involvement to generate foreign currency which ultimately in crushing washing, panning, sieving, sorting promotes sustainable livelihoods within and mercury-gold amalgamation. Therefore, communities through the provision of jobs. this chapter aims to highlight the challenges that However, representation of women in the mining are faced by women in the mining industry in sector is low due to existing gender stereotypes Zimbabwe which hinder their economic growth and standards which sideline women into menial within the sector. Secondly, the chapter aims to jobs. This is happening even though s 80 (1) of the generate some recommendations which could Zimbabwean Constitution of 2013 calls for every improve women’s positions and participation woman to have full and equal dignity with men around mining projects in Zimbabwe. and this includes equal opportunities in political, 2 Intergovernmental Forum on Mining, Minerals, economic and social activities. Currently, the Metals and Sustainable Development ‘Women in mining industry is still regarded as a man’s Artisanal and Small-Scale Mining: Challenges and world and women are pushed away due to a opportunities for greater participation’ (2018) at https:// www.iisd.org/sites/default/files/publications/igf- variety of financial, cultural, social and technical women-asm-challenges-opportunities-participation. constraints. Whilst it is unfortunate that women’s pdf. experiences in the mining sector have not been Keywords: gender, gender sensitive, decision fully documented, it cannot be taken away from making processes, ownership, control, 1 Isaac Kwesu ‘Chamber of Mines of Zimbabwe- mining,empowerment, participation 2018 Edition of Mine Entra’ at https://www.google. co.zw/amp/s/www.herald.co.zw/mining-sector- records-strong-performance/amp/

14 Putting Women at the Centre of Extractivism Towards a Gender Sensitive Mining Industry

Definition of terms: and subject to certain restrictions to enjoy, occupy, possess, rent, sell, use, give Control: The power to influence or direct people’s away, or even destroy an item of property. behaviour or the course of events. Ownership may be corporeal (title to a tangible Empowerment: The process of becoming stronger object such as a house) or incorporeal (title to an and more confident especially in controlling one’s intangible object, such as a copyright, or a right to life and claiming one’s rights recover debt). Possession (as in tenancy) does not Gender: Socially constructed characteristics necessarily mean ownership because it does not of women and men such as norms, roles and automatically transfer title. relationships of and between groups of women and men. The social construction of what it 1. Introduction means to be man or woman varies from society to society and changes from time to time. While ‘Equality between women and men is a matter most people are born either male or female, they of human rights and a condition for social are taught appropriate norms and behaviours – justice and is also a necessary and fundamental including how they should interact with others prerequisite for equality, development and peace. of the same or opposite sex within households, A transformed partnership based on equality communities and work places. (Butler, 1990) between women and men is a condition for Gender equality: Gender equality is achieved people-centered sustainable development.’ when women and men enjoy the same rights (Beijing Platform for Action, excerpt from Mission and opportunities across all sectors of society, Statement). including economic participation and decision- There is a fissure in the mining industry which making and when the different behaviours, has largely overlooked or excluded women in aspirations and needs of women and men are its workings. In fact, there is little recognition equally valued and promoted. of the importance of having gender-sensitive Gender sensitivity: It means understanding approaches and mainstreaming within mining and taking account of the societal and cultural programming, although the aims, theoretically, factors involved in gender-based exclusion and are intended to impact its beneficiaries equally discrimination in the most diverse spheres of (regardless of their gender). After all, the outcry public and private life. has been for programmes which ensure that Gender mainstreaming: ‘Mainstreaming a women and men have improved access to gender perspective is the process of assessing decision-making roles and that mining, as an the implications for women and men of any industry, properly considers the needs of different planned action, including legislation, policies or groups in the community, including women, and programmes, in any area and at all levels. It is a that employment opportunities are available to all strategy for making the concerns and experiences regardless of their gender. of women as well as of men an integral part of When gender is discussed in relation to the the design, implementation, monitoring and extractives industry, the emphasis most often is evaluation of policies and programmes in all on livelihood options for women in the mines, political, economic and societal spheres, so that especially those associated with extraction women and men benefit equally, and inequality activities (Lahiri-Dutt, 2011; Eftimi et al.,2009). is not perpetuated.’It can also be seen as an end Authors such as Lahiri-Dutt and Ward have rather than a means for achieving gender equality. presented cases where the concerns of women (Eveline and Bacchi, 2005) in mining communities have not been at the Ownership: The ultimate and exclusivecentre of finding equitable resolutions to conflicts right conferred by a lawful claim or title,

14 15 Putting Women at the Centre of Extractivism between communities and other stakeholders of The essence of the above findings and of this the mining industry. What should not be forgotten chapter is to firstly admit that women participate is that, for the industry to become a vehicle of all- at all levels within the mining industry in encompassing economic development, gender Zimbabwe. However, it is also important to reflections and women’s economic empowerment acknowledge that there is an invisibility problem must be integrated into every phase of mining ‘whereby women’s contributions to the mining projects. It is also vital that companies work with sector are masked by the dominant reflection of stakeholders to address the embedded inequalities men’s roles in discussions of mining thus erasing that hold women back from achieving their the participation of women’(Jenkins, 2014). In potential in the industry, in its supply chain and in fact, when people think of ‘the miner’, a masculine mining communities. image comes up, which according to Lahiri-Dutt, Zimbabwe has a diverse mineral resource base was created in early industrial days when mining which ranges from diamonds, platinum, and was a dangerous, laborious and risky operation; coal, gold, asbestos and iron to mention a few. factors which continue to have a strong influence The importance of mining in Zimbabwe can be on excluding women from heavy mining duties historically traced back to the fifteenth century (Lahiri-Dutt, 2012). during the Portuguese-Monomotapa gold era The exclusion of women from the mining and the dominance of the Great Zimbabwe State sector is also influenced by the traditionally (Gutu, 2017:1). Contemporary mining then began infused legal constraints which have seen women to take over at the turn of the twentieth century banned from mining activities due to fears that with the re-examination of some more than 4,000 the minerals will disappear or the discriminatory old mine workings by the British South Africa customary practices that prevent women from Company (BSAC) and it led to the formation of a owning or inheriting land and mineral rights number of important gold mines (Viewing, 1984). further increasing their vulnerability in the The mines, abetted by agricultural activities, industry(Rickard et al 2017, p.16). For Zimbabwe, designed the cores of commercial activities and although constitutional provisions such as s 80 of ultimately advanced into perpetual communities the 2013 Constitution has incorporated gender with basic infrastructure such as clean water, equality laws particularly for equal access to communication, health, education and ultimately mining titles, women are being denied access local government. rights to land, licenses and other government However, the overall view is that women ‘remain provisions due to reasons such as effects of our excluded or marginalised from the industry customary laws, lack of information about mining as they have limited access to mineral wealth rights and provisions and lack of capacity and in terms of ownership or equity participation’ resources to access those rights and provisions. (Lowe et al., 2018:133). Lowe is of the view that Based on the above findings, the purpose of this women are marginalised in terms of governance chapter is to highlight the cross-cutting challenges and management of the industry as reflected by which women participating in the mining industry the tiny minority of women sitting on the boards in Zimbabwe face through case studies done at of directors of mining companies and in senior the Mthandazo Mining Service Centre in Gwanda management and supervisory positions. This and Lion West 13 Mine in Filabusi. By outlining is true as marginalisation does not end in the these challenges, the intended outcome is to boardroom but continues all the way to the mining action policy makers, development practitioners site where the majority of women problems such and industry players to address the gap which as victimisation, dispossession of mining claims exists within the industry that specifically hinder and gender-based violence. women from fully participating in it. The chapter

16 Putting Women at the Centre of Extractivism Towards a Gender Sensitive Mining Industry

also seeks to provide actionable recommendations articles which have also been placed on the which can be used to improve women’s economic internet. Their views were fundamental to this empowerment in the mining industry. At the research as it allowed us to have insight through end of the day, when goals and policies are their experiences of what it is like to be a woman in made to drive gender equality and women’s mining. In contrast, Lion West 13 mine in Filabusi economic empowerment, these should not end is a male dominant mine whereby women’s roles on paper but should be actionable if progress is mostly fall under supportive services. It was also to be realised. Indeed, the Africa Mining Vision important to gather their views to see whether (AMV, 2009) ‘includes an action plan for women’s there is space for mineral governance framework empowerment, defining the integration of ‘gender to operate within the mines with the purpose of equity in mining policies, laws, regulations, supporting and safeguarding women in mining. standards and codes’ (Rickard et al, 2017: Although this chapter focuses on Mthandazo 13). However, if problems hindering women’s Mining Centre, Gwanda and Lion West 13 mine participation on the ground are not identified, it in Filabusi, its recommendations seek a broader is obviously difficult for legislators to draft gender impact nationwide for the purposes of improving sensitive mineral governance frameworks which economic empowerment of women in the mining seek to improve women’s economic empowerment industry in Zimbabwe. in mining. 3. Challenges faced by women 2. Methodology in the mining industry This research paper incorporated a comparative study approach of Mthandazo Mining Centre in i. Health Colleen Bawn,Gwanda and Lion West 13 mine Although a number of female miners occupy in Filabusi. Through focus group discussions an array of roles ranging from labour intensive and interviews which were held either in person methods, which usually cause chronic back pain, or via telephone, the primary objective of the the most filled role, especially in gold mining, study was to generate unique insights into the is that of amalgamation of gold using mercury. barriers that women face in the mining industry Mercury is a dangerous toxic chemical which in Zimbabwe. A questionnaire was sent out to causes a myriad of health problems (WHO, various stakeholders via email and these included 2001). Gold amalgamation normally takes place mine owners (both male and female) and mine in the home without protective clothing and this workers. This approach was ideal for the extraction hastens the chances of mercury poisoning. of different gendered perspectives on the state of ‘We have lost some of our friends because of women in the mines, the role that men play in mercury and also some of the livestock. Our sources encouraging their female counterparts to succeed of water are not protected and the mines are close in the mining industry, and the gaps which exist to the dams. The mercury and other chemicals that in the industry which hinder women from fully the mines use just flow into the dam. As much as participating i.e. the existing exorbitant mining the gold can be said to be helping us economically it fees, the discriminatory customary practices, lack is also contributing to our deaths.’ of capital and of technical knowhow to mention This comment was made by one villager during a few. the field visit. Mthandazo Mining Centre was picked as it One of the biggest outcries concerning mining is a mine which is exclusively owned by women activities has been the violation of human rights in in Zimbabwe and has garnered both media and general public interest as seen in newspaper

16 17 Putting Women at the Centre of Extractivism the communities where mining takes place.3 For ‘Policies and their corresponding programs should instance, poor waste water treatment regulation reflect the understanding that the market needs to enables mining companies to dispose of waste be regulated so that it acquires a more managed water in a manner that will likely contaminate status rather than be allowed to become a force the drinking and irrigation water of nearby acting on its own. Furthermore, it is imperative that communities. In such cases, the rights to life, the goals of these policies and programs increase dignity, water, and an environment that is not the roles that women play in acquiring their own harmful to the health and wellbeing of people as empowerment as actors determining their own provided for in Part 2 of Zimbabwe’s Constitution positions in the industry’ (Hilson, 2002: 197). This are violated. statement possibly echoes the reasons why the Some of the effects of mercury poisoning include first ever Women’s Bank was opened in Zimbabwe cancer, birth of malformed children or offspring this year as it was stressed that the bank was with decreased intelligence and numbness in the to consolidate the government’s commitment body. The inorganic salts of mercury are also towards ensuring women’s participation in the corrosive to the skin and eyes and may also induce mainstream economy. However, although as a kidney toxicity if ingested (Hilson, 2002:162). In country, we have made strides to ensure that addition, mercury poisoning causes spontaneous women, including those in the mining industry abortion in pregnant women. are promoted through access to capital, there are Another potentially dangerous respiratory still barriers which stop women from successfully infection that can cause death which is caused progressing. These include low level of education by inhalation of fine dust particles is silicosis. and business literacy, turn-around time to register Silicosis ‘is an incurable lung disease that kills formal businesses, lack of gender capacity building thousands annually. Conditions resulting from in the private sector and non-enforcement of silicosis include emphysema, lung fibrosis and legislation and policies to include women in the silica-tuberculosis’ (Ibid:161). The above shows private sector (Lowe et al, 2018:135). that these health issues do not only affect women ‘Collateral is our greatest challenge. The banks but also affect the children they have, physically, have said they have a women’s desk but their mentally and emotionally. terms and conditions are still stringent especially 3 Human Rights Watch. (2010). Deliberate chaos: for small-scale miners.’ Ongoing human rights abuses in Marange diamond fields of Zimbabwe. New York. This was a comment that was made during the focus group discussions. ii. Lack of capital ‘Imali ezifunwa yi Mines, Le EMA The mining business requires a lot of inputs zinengikakhulu ziyasehlula mtanami, yikho such as machinery, operating licenses, permits, okwenza abantu babe ngotsheketsha. (The fees and taxes and all this requires money. mining fees and EMA fees are too high, we not Since women are among the most affected by able to pay them my child, that is what’s causing poverty and marginalisation, an inference can illegal mining)’ be reasonably drawn that women cannot afford Said Naledi Zoe one of the elderly women during all these. Authors such as Hove and Hlongwana an interview. call for support for women in business through affirmative action legislation in the hope that iii. Socio-Economic and Cultural women will be able to access capital through Barriers loans so as to fund their mining activities (Hove The development of socio-cultural sustainability and Hlongwana, 2015:101). in the area deserves an analytical inspection.

18 Putting Women at the Centre of Extractivism Towards a Gender Sensitive Mining Industry

(Bhatasara, 2013). The implications of mining iv. Lack of education and technical have gone beyond the social impacts such as knowhow worker safety to questions of community stability, It is no myth that the vast majority of women cultural integrity, and indigenous rights (Bridge, in the mining industry have been restricted 2004). For so long in our culture, Zimbabwean by socio-economic and cultural barriers. Most women have been considered as primary women, particularly those in small-scale mining caregivers who are responsible for child care and activities, are poor as they lack formal education other household duties. Men, on the other hand, and training in mining techniques (Hilson, were considered as the sole heads of the household 2002: 191). Hence the mining field becomes and as the financial breadwinners. Due to these an unfamiliar territory for these women due to factors, mining became an unfamiliar territory years and years of exclusion from the industry. for women. In fact, until recently, some laws not A number of women have been duped by men only in Zimbabwe but in the African context who have convinced women that the rock they forbade women from mining underground. have extracted is just an ordinary rock yet it Women were considered as sources of bad luck at will be a gold bearing rock. However, ‘the so- the mining site (Hilson, 2002:192). These cultural called waste rock is clandestinely traded during barriers discourage women from mining high the night’ (Svova, 2013). Others have even lost value minerals and often restricts them to ‘gender their claims and due to limited knowledge, they appropriate work such as washing and other do not know who to approach or what to do. preparatory tasks. Those who work with their These issues have created walls for women in the husbands often do so without any pay and even industry and have made it practically impossible need their husband’s consent before becoming a for them to make anything tangible in mining. permit holder’(Hilson, 2002:192). If the men themselves dupe each other and are Physical violence and sexual abuse are violent amongst themselves, then the exact same prominent in mining communities and these are treatment can be extended to women. attributed to the absence of police and any other law enforcement agents. Alcoholism and drug v. Legislation and mining policies abuse are prevalent within mining communities Zimbabwe’s Mines and Minerals Act was crafted due to factors such as poverty and use of drugs in 1963, during the colonial era, in the context of as coping mechanisms and these create an ideal repression and recognition of only white minority environment for violence to take place (Byford, rights. Although amendments to the Act have 2002; Perks 2011). Many women and girls who been in the pipeline for several years, nothing are not directly involved in mining are sucked tangible was done until the Mines and Minerals into sex work and many become victims of abuse Amendment Bill was crafted in 2015 (T. Masiya et perpetrated by men in the mining industry who al, 2018). The lack of urgency to reform the sector would have cashed out their money from mining over the years has meant that revenue flows have activities. This contributes to high incidences been affected; the economy has lost much needed of HIV/AIDS and other sexually transmitted growth and the vulnerability of communities diseases. In addition, women directly involved living in resource-rich areas has increased.4 in mining report sexual harassment from fellow The inadequacies of the existing law and policy male miners through derogatory language and inconsistencies have fuelled corruption, opaque inappropriate touching. These factors make other women interested in the mining industry hesitant 4 Mangwende, S. (2014) Effects of gold panning to even enter it due to fears of being abused, or in communities: A case of Shurugwi District, Thesis even worse, killed. submitted in partial fulfilment of a Bachelor of Arts (Hons) degree, Midlands State University

18 19 Putting Women at the Centre of Extractivism licensing and other forms of resource plundering need to rectify the conditions of the rest rooms with women suffering the most. Most small-scale and ensure that their safety, health and privacy is mines do not have Human Resource policies, and upheld and protected. those that have them are not gender sensitive, and The International Labour Organization (ILO) they do not include maternity leave. and the World Health Organization (WHO) 4. Recommendations define the aims of occupational health as: • Encouraging and upholding a high standard i. Health of physical, mental and social security for all employees; ‘We work in baggy, loose or sometimes tight- • Placing an employee where they are the most fitting overalls, which are both uncomfortable physically and mentally accustomed to the and a safety hazard, possibly resulting in environment; serious injuries and accidents. With the recent • Preventing ill-health due to hazardous increase of women in mining employment and working conditions and participation being relatively new, no holistic • Supplying protection to employees to prevent protective regalia has been designed to fit women health risks that could occur from working comfortably. By producing comfortable and well- in the mine. fitting clothing, we will be able to move freely and have a higher degree of flexibility. We will It is of great importance that the mining industry be more confident in our working environment, adopts these working conditions. S76 of the thus optimising our performance.’ Sentiments Constitution of Zimbabwe emphasises the right to by one of the women miners. Mining companies have access to basic health care services. Important are employed to look for proper fitting regalia for to note is that life is priceless. It is true that if an women that will make them comfortable and be employer loses an employee through death or able to move around. an employee becomes unfit to work because of a certain disease they can employ another person. ‘We employ precarious mining methods as we Miners should always be alert that life lost marks crack rock walls with handmade chisels without the end of it all. Therefore, protective clothing, gloves to protect our palms from blisters. We suitable working environment should be of great use our bare hands scooping the mud which, importance both to the employer and employee. if we are lucky, contains traces of alluvial gold. If only we could be provided gloves, masks, ear ii. Economic empowerment protectors and helmets then our work would be One of the fundamental pillars of the Africa much enjoyable.’ Said Silibaziso Mthwakazi as Mining Vision (AMV, 2014) is ‘promoting small- she was showing us her hands which had cracked scale mining to improve rural livelihoods and because of the chemicals and chisel. integration into the rural and national economy’. ‘It is often said wherever a man turns, away The mining industry must promote small-scale from the eyes of the people, that can be his place mining, by waiving some of the exorbitant fees of relief [toilet]. It is unfortunate for us that that make it very difficult for women to enter the we need properly built sanitary amenities. The industry. For example, section 15 (1) (c) of the condition of the amenities is primarily poor and SI 10 of 2016 requires one to pay US$4000.00, we often find ourselves avoiding going to the paid every five years, just for the registration bathroom. Important to note is sometimes we of an approved prospector; if any women then will be on our menstruation cycle. Sometimes decides to buy gold she will be required to pay we then stay at home and not go to work.’ Mines US$5000.00 for a gold buying license amongst

20 Putting Women at the Centre of Extractivism Towards a Gender Sensitive Mining Industry

other fees and EMA requirements.5 There is need There is need for education and awareness for economic empowerment t so as to address the programmes to change the still-dominant mindset challenges that women interested in the industry that looks negatively at women doing business or or are already working in the industry face being employed in mining, particularly in jobs when accessing capital This can be achieved by which involve going underground. The few cases lobbying government, civil society organisations, where certainmining companies have trained human rights activists and other stakeholders to women to work underground should be widely address the ostracism and exclusion of women publicised, so that society begins to appreciate that from the mining industry caused by the stringent women can do any job that men can do in mining, fees. For example, more banks and microfinance provided they are affordedthe opportunities institutions in the country can be encouraged to and the training that prepares them for the task. offer loans to women at attractive interest rates The mining industry must incorporate gender and manageable payback periods. If women into governance projects to ensure that women are empowered there will be a reduction and, are included in all environmental (sustainable subsequently, an eradication of the poverty development), public service and budget that they face;they will become economically monitoring (transparency). independent and able to participate in the Sexual harassment is not a phenomenon that political arena in their work spheres. occurs in isolation, but rather emerges from a lack 5 https://www.miningrb.co.zw/mining-fees/136- of gender education, and unequal and problematic mining-prescribed-fees.html. Mining (General) gender relations. Addressing sexual harassment Amendment) Regulations, 2016 (No. 19) effectively requires that broader gender relations Action to be taken are addressed, challenged and changed. This requires multiple approaches, including:6 Capacity building: • Developing gender awareness • Include gender issues in all economic • Defining or clarifying what constitutes sexual development and capacity building projects. harassment • Improve women’s knowledge and access to • Knowing and implementing relevant banking services. legislation (Domestic Violence Act) • Consult the women and take their view into • Developing appropriate gender-sensitive account in designing and implementing responses to the problem community programmes. 6 http://www.mhsc.org.za/sites/default/files/ • Stakeholders to show political will in MHSC%20Sexual%20harassment%20booklet.pdf supporting the empowerment of women. iv. Education and technical knowhow iii. Social empowerment Education and skills training initiatives for The exclusion and marginalisation of women women are recognised as one of the key enablers is theresult of a deeply entrenched patriarchal of women’s economic empowerment (Hunt and system, which continues to view women as Samman, 2016). An in-depth knowledge broadens being subordinate to males and therefore women’s horizon, building their confidence and continues to define what women should or capacity to freely make their mining claim, share should not do. Section 16 of the Constitution ideas and perspectives, and stand up for their of Zimbabwe encourages all institutions and own rights. Most women in small-scale mining agencies of government to promote and preserve are illiterate (or have little literacy) and are hence cultural values and practices which enhance the prone to exploitation and discrimination. Most dignity,wellbeing and equality of all Zimbabweans. cannot even interpret a basic mining employment

20 21 Putting Women at the Centre of Extractivism contract. There are two ways of achieving the Action to be taken knowledge base necessary for women to succeed In accordance with the SADC Protocol on Mining in small-scale mining: education through formal (Article 7), countries in the region should: schooling and education through short or longer- • term courses or skills training. Promote policies which encourage and assist small-scale mining; With regards to a more immediate and targeted form of education, government and • Facilitate the development of small-scale NGOs should collaborate on literacy campaigns mining by providing support, technical for women in mining industries. Supported by extension services and establishment of regulations amending legal provisions to promote marketing facilities; women’s rights for active and equal participation, • Encourage the establishment of appropriate literacy campaigns targeting women in mining training institutions to provide capacity for communities can play a significant role in small-scale miners (this includes universities addressing the various gendered challenges and technical colleges); and mentioned above. Such campaigns may take • Provide financial support to facilitate such different forms including technical, administrative training. and management training,basic literacy Capacity building on: courses,and various inductions on the relevant • Regulation and legislation that support laws, communications and networking, seeking women’s empowerment and protect women and accessing information, and procedures such from harassment. as licence application. • Projects to uphold existing gender equality The Africa Mining Vision seeks to create a policies in terms of equal pay, access to mining sector that would develop a comprehensive finances and anti-discrimination legislation. knowledge of Africa’s mineral endowment. The • To provide training and mentoring for availability of basic geological information allows women to obtain supervisory and managerial both the public sector to make informed decisions positions. on mineral sector development. Conclusion v. Enforcement and implementation of legislation This research is a reflection of the work that still has to be done by all stakeholders to improve the Zimbabwe already has a lot of mining livelihoods of women in the mining industry. legislation but one can safely conclude that it Policies and legislative instruments should be remains on paper. It is the enforcement and aligned towards this goal and women should be the implementation of legislation that will help given a platform to succeed within this industry. promote a gender sensitive mining industry. Mine At the end of the day, women are the caregivers owners should also introduce human resources of the family and their contributions are vital to policies that speak to gender equality and equity. the sustainability of the home and the children. If In South Africa, for example, the government an equal playing field is thoroughly landscaped, a has introduced employment equity legislation woman’s success will build a nation and a nation’s and black economic empowerment policies, and growth will build a better future for generations has set targets for the increased employment to come. of women. An enabling environment has been created with legislation specific to women and mining, which is more progressive than existing international norms and practices.

22 Putting Women at the Centre of Extractivism Towards a Gender Sensitive Mining Industry

Annexure 1: Case Study 1: Questionnaire Mthandazo Women Mining Centre

1. How many women are employed at this This is a female led Mine which is situated at mine compared to men and what are their Matabeleland South, Collen Bawn in Gwanda. It positions? is led by Sthembile Ndlovu. She has been in the 2. How did these women join the mine? Do mining industry for almost 15 years. She started they have contracts of employment? her journey under a male-dominated mine 3.What challenges do women who are named Arbicon Mine which is located in Gwanda. working at this mine face and what ways are Before she joined the mining industry she used to used to resolve disputes or grievances which be a secretary in one of the parastatals. She was arise within this mine? inspired and couched by one Oliver Ncube and 4.Are you aware of the mining laws in she says she looks up to him as a brother and a Zimbabwe? friend. In relating her story she mentioned that 5.What do you think can be done to improve it was Oliver Ncube, after she showed interest gender equality and equity in the mining in being an agent, who went and talked to her industry? husband to get his consent on the basis that she 6.Do you think that it is easy for a woman was a woman and they reached an understanding to lead a successful career in the mining for her to join the mining industry. industry? State your reasons (Below) Sithembile Ndlovu, left, works alongside a) Yes other miners in Colleen Bawn, Zimbabwe Jan. 19, 2017. The area is being prepared for cyanidation, b) No a popular way of separating ore from gold. (Photo by Vimbai Beritah Chinembiri, GPJ Zimbabwe: c) Maybe Reported on Global Press News. Service and *** posted on 7 March, 2018.)

22 23 Putting Women at the Centre of Extractivism

Focus Group discussions started. The most painful thing is we seethe mine is even making more money now, nothing was We had an opportunity to visit the site and done to remedy our loose.’ interact and interview the women at Mthandazo Women Mining Service. These are some of our 2. ‘It has been practice in the mining industry findings and indicators: that whoever gets the claim first owns the claim. Number of women employed: 15. Of the 15 I had been mining on that claim for more than women their duty mostly is to feed their families, 20 years, I then found a gold belt that had a lot to be gold panners, sell food stuffs to miners, of money, then this other woman police officer most of them are widows and or single women, came with the people of mines with their map it is difficult for married woman to work and and a certain man. Remember we cannot even stay away from their families for long time. Most read the maps whether it is correct or not it’s only of these women come from rural arrears they are those people from mines who know. I was told illiterate. Which means it is next to impossible for that this man owned that particular place where them to have good posts like being a manager or I had found the belt. We have been going forth to sit in a board of directors or being a member, latter and fro court, now this matter is at High Court, on representing their interest. this man has money and he is looking for legal How many women are aware of the mining practitioners, I have to fend for my family and laws: Only a few women present (45%) had look for money for this case, now I do not even undergone some training by the school of mines, know if I can trust the justice system.’ Most of them are illiterate they do not really have Some of the Answers: an understanding of the mining laws. • We can only do gold panning we cannot go One woman actually said ‘There are a lot of laws underground we need men to do that. and we do not understand them.’ • We do not have skills on operating Challenges faced: this indicator was answered machinery by giving two experiences that the women had • We cannot interpret the map and some of the gone through: laws 1. ‘Sometime in 2014 I joined about 300 women • When men hear that we have found the belt and we formed Sgodini Women Miners, we they can just come and evict us. were being assisted by the Women Affairs, we found a donor who was a white man. He insisted In addition to the above responses, we also noted we worked without any formal agreement or that disabled women faced particular challenges registration with the hope that when things due to the double stigma of gender and disability. shape out we will then register. We were working Only one disabled woman we interviewed owned on the ground, some of the women came from a mining claim. Bulawayo, Gwanda and Sgodini. The joining subscriptions were $50.00 and for women who were at the Executive they were paying $200.00. We bought a compressor and a tractor. It then happened that a minor accident occurred and all of us lost our jobs, without anything, No one knew were to go and or who to ask. Most women lost their marriages because they had invested using their husband’s money with the hope that they will get money from the work they had

24 Putting Women at the Centre of Extractivism Towards a Gender Sensitive Mining Industry

The picture above shows a man following a belt, Case study 2: some women who cannot go underground befriend these man and call them ‘Ungebhela’meaning a Lion West 13 of Filabusi person who digs for me. A miner works in the town Colleen Bawn Jan. We met one man, a claim owner who wanted to 19, 2017. The miners have recently seen a new be identified as Mr Richard. He has been mining gold belt in this area. (Photo by Vimbai Beritah there since 2014 and here were his responses from Chinembiri, GPJ Zimbabwe, Reported on Global Press Service and posted on the 7 March 2018.) the questions that we asked him: 1. How many female miners do you have at your Dispute resolution: After the 2014 Sgodini case mine and what jobs do they do? and the other case, most women have decided to There are no female miners at this site. Proper stay away from the mining industry. mine sites here do not have women. The only women at this site are wives of gold panners. How to improve Gender equality and equity: 2. Do those women at your mine experience any sort of abuse? • Join hands with the government e.g. Women Abused? I am not sure. But very unlikely. Affairs because people already know them Makorokoza women are rough riders. They have • Investigate the 2014 case for us learnt to deal with tough men. • Capacitate us on labour laws and other 3. What are their educational qualifications? mining laws (Laughs) There are no educational qualifications • We need funding for subscriptions here. It is just a few men and their wives here • Networking channels with other women in who have managed to go all the way up to mining industries. O-level. Most men at this site do not even have •

24 25 Putting Women at the Centre of Extractivism

O-[evels. I doubt that they even have identity Below are some of the pictures that we took at cards. The women are better. Some of them are the mine which depict some the work that is former shopkeepers who have been lured by men done, the houses in which the miners live and, at this site for money. the damage that mining does to the environment 4. Why do you not employ women at this mine which ultimately affects women and children who site? live within these communities. The workload here requires men. It’s a tough job. *** Some of our men here are underground for days and the ore itself is heavy. Their wives only assist them with minimal work such as washing the ore but most of them are confined to their houses where they conduct domestic chores. There are women miners out there at a number of sites but their number is way less than that of men due to (Below) Male miners at the entrance of a mine. About 3 men were underground at this point. No the type of job, working hours and the strain that women were found at this mining site.(Picture it has on the physical body. taken by Michelle Bonzo Brings on 17 November *** 2018)

26 Putting Women at the Centre of Extractivism Towards a Gender Sensitive Mining Industry

This male miner is selecting the ore which has been extracted from the ground. When we asked Mr Richard if this task would be managed by women, his response was in the negative and he said that the ore is too heavy for a woman to carry. Even the extraction process is physically and emotionally demanding as the miners sometimes stay underground for hours or even for days, with poor lighting, with no toilet facilities and little food. (Picture taken by Michelle Bonzo Brings on 17 November 2018.)

The houses in which the miners at Lion West 13 Filabusi live. The structures are symbolic of the simple lives of miners. On the other hand, these are the same structures that the male workers place their families and where most of the gold amalgamation takes place. Mercury is a toxic chemical and has long lasting effects on those who come into contact with it. (Picture taken by Michelle Bonzo Brings on 17 November 2018.)

26 27 Putting Women at the Centre of Extractivism

References (2018) SADC Gender Protocol 2018 Barometer, Gender Links, Johannesburg. Abrahamsson L., E. Segerstedt, M. Nygren and J. Mlambo, L. (2016) Extractives and Sustainable Johansson (2002) ‘Gender, Diversity and Work Development: Minerals, oil and gas sectors in Conditions in Mining’. Mining and Sustainable Zimbabwe, Friedrich Ebert Stiftung, Harare. Development. Lulea University of Technology, OSISA, ‘Impact of extractives’ at http://womin. at https://www.diva-portal.org/smash/get/ org.za/images/impact-of-extractive-industries/ diva2:995297/FULLTEXT01.pdf social-and-environmental-impacts-general- African Union (2009), The African Mining Vision. analysis/OSISA. AU, Addis Ababa. SADC, ‘SADC Protocol on Mining’ at http:// Allen, A. (2009) Gender and Power in The www.sadc.int/index/browse/page/155 Sage Handbook of Power. Sage Publications, (accessed 15 November 2018). London. SADC (2001) ‘Conference on Mining Investment BSR Women’s Empowerment Africa Mining Brief Promotion in the SADC Region: Growth at https://www.bsr.org/reports/BSR_Womens_ and Diversification in Mineral Economies.’ Empowerment_Africa_Mining_Bried.pdf UNCTAD, Cape Town. (accessed 17 November 2018). Svova, K. (2013) in ‘A step into the male Extractive Industries and Development Series dominated mining sector: Women’s at http://siteresources.worldbank.org/ participation in mining: the case of Kwekwe EXTOGMC/Resources/eifd9_gender_ District, Zimbabwe’ by E. Hove and J. guidance.pdf (accessed 17 November 2018). Hlongwana, IOSR Journal of Humanities and Hilson, G., and J. McQuilken (2012) ‘Four Social Science. Decades of Support for Artisanal and Small- Scale Mining in Sub-Saharan Africa: A Critical Review’. The Extractive Industries and Society. Hinton, J,. M. Viego, and C. Beinhoff (2003) ‘Women and Artisanal Mining: Gender Roles and the Road Ahead’ in The Socio-Economic Impacts of Artisanal and Small-Scale Mining in Developing Countries J.M. Hilson (ed.). CRC Press, Oxford. Hove, C. ‘The Many Diamonds at Chiadzwa’ at https://www.newzimbabwe.com (accessed 12 November 2018). Hove, E. and J. Hlongwana (2015) ‘A step into the male-dominated mining sector: Women’s participation in mining. The case of Kwekwe District, Zimbabwe’. Journal of Humanities and Social Science. Jenkins, K. (2014) ‘Women, mining and development: An emerging research agenda’. The Extractive Industries and Society. Lowe Morna, C., D. Glenwright and L. Makamure

28 3 Gold Beneficiation and Value Addition Opportunities for Women in Mining

M. M. Manyuchi

Abstract 1. Introduction The mining sector is one of the major contributors Gold is one of the most common minerals and is to the growth of the economy in Zimbabwe. In well known for its special properties and value. 2017, an average of 28.4 tons of gold was obtained Gold exists mostly with silver and traces of iron from both small-scale and large-scale miners with and copper with a gold nugget having 70-90% women miners contributing to this success. Gold of gold. Gold is mined from gold ore, the ore is presents an opportunity for value addition into crushed and the metal is separated from the ore products like jewellery, bars and coins, ornaments using a variety of techniques. Gold has a very and electronic devices. The downstreamhigh density with a specific gravity (SG) of 19.3 processing of gold results in employment creation, which makes it easy to separate using a gravity technology transfer, infrastructure development separation technique such as panning. However, and new product development. The Jewelleries the specific gravity can decrease due to the Council of Zimbabwe in liaison with the Ministry presence of iron and silver. Gold is very ductile of Mines and Mining Development, Reserve and malleable and can be easily flattened. Gold Bank of Zimbabwe and Fidelity Printers Refiners is a noble metal which has a high resistance to are pushing for the value addition of the yellow corrosion, it therefore does not tarnish, crumble mineral for the economic growth of Zimbabwe. or discolour. Gold ores are normally sulphide Gender sensitive policies being formulated by or pyrite based and must be treated using government are meant to encourage women to pyrometallurgical processes. A summary of the tap into gold value addition and beneficiation properties of gold are shown in Table 1. initiatives for improved empowerment, income for families and empowered societies. Keywords: Economic growth, employment creation, gold, value addition, women empowerment

29 29 Putting Women at the Centre of Extractivism

Table 1: Physical properties of gold Property Description Chemical classification Native element Colour Golden, Yellow Lustre Metallic Diaphaneity Opaque Mohs hardness 2.5-3.0 Specific gravity 19.3 Colour, hardness, specific gravity, ductibility Diagnostic properties and malleability Chemical symbol Au Crystal stem Isometric Jewellry, coinage and bullion, computers, Products from gold value addition and electronic appliances, cellphones, dental beneficiation work, medals and trophies.

Gold mining and its value addition activities are will be at 58 tons by 2020 (TSP, 2020). Women governed by the Mines and Minerals Act [Chapter in small-scale mining of gold were also critical in 21: 05] as well as the Gold Trade Act [21:03]. achieving this gold target as 60% of this gold was Figure 1 shows a typical gold ore containing achieved from small-scale miners. The inclusion visible gold. of women in gold mining, value addition and beneficiation is also in line with the Africa Mining Vision (2009) which states that there must be ‘Transparent, equitable and optimal exploitation of mineral resources to underpin broad- based sustainable growth and socio-economic development’. The first half of 2018 is reported to have produced 17 tons of gold with a monetary value of USD715 million. It is forecasted that by 2030, gold will contribute USD1 billion dollars through production of 100 tons by 2030. This target is only achievable through optimal utilisation of the various gold reserves available in Zimbabwe. Figure 2 shows the distribution of gold deposits in Zimbabwe. This increase in gold production will be due to increased exploration, opening of closed gold Figure 1: Typical gold ore with visible gold mines as well as capacitation of the existing mines. The increased gold output will result Gold is one of the key strategic minerals that in increased raw material availability for value the Government of Zimbabwe is looking at. addition. According to the TSP and other existing The recently launched Transitional Stabilisation government policy, women empowerment and Programme (TSP) estimates that gold production

30 Gold Beneficiation and Value Addition: Opportunities for Women in Mining

creation of opportunities for women as a special manufacture. The tailings are sent to the tailings interest group is topical on the agenda. storage facility or further processing to recover

Figure 2: Gold reserves in Zimbabwe (Mugandani, 2017) gold using low cost technologies. A summary of a small scale gold process is shown in Figure 3. 2. Gold Processing 3. Gold Value Addition and The value addition and beneficiation of gold Beneficiation ore processing involves various processes which include: ore crushing and grinding, water addition From 2018 to 2020, Zimbabwe’s economic growth to form a slurry, lime and cyanide addition to the will be guided by the TSP programme in terms of slurry to facilitate leaching of gold and silver into which mineral beneficiation and value addition the solution. Carbon is then added to facilitate will play a critical role so as to increase earnings the absorption of dissolved metals from the from the mining sector through exports. Gold is slurry. Acid washing is then done to strip the one of the important minerals for focus in terms metals from the carbon followed by circulation of of value addition and beneficiation (Mawowa, a caustic cyanide solution. The gold and silver are 2013). Furthermore, increased investment in the recovered from solution by electro-winning. beneficiation is being welcomed by government The metal products are then smelted into bars of so that there is increased industrialisation and bullion or can be used in jewellery and electronics employment creation. Given the current policy

30 31 Putting Women at the Centre of Extractivism

Figure 3: Gold value addition and beneficiation The involment of women in gold value addition process and beneficiation also promotes the government for women empowerment, women will definitely persepective on women empowerment as well as tap from these opportunities. value addition of minerals. The various products The value addition and beneficiation of gold can be value added to include jewellery, gold results in various benefits for the country electronics, gold coins and invested as indicated including socio-economic benefits such as in Figure 5. import substitution with local products and the inancial pportunities for export of higher value added products resuting 4. F O in the country benefiting financially. There is also Women in Gold Value Addition increased job creation, new skills development, and Beneficiation infrastracture development, investment in research The Fidelity Gold Printers is driving the USD40- and development of new products. Women in million-dollar Gold Development Initiative Fund gold mining can tap into all the opportunities where women can access funding to go into gold that arise from value addition and beneficiation of mining and value addition. To date 12% of this gold. There is also development of communities 100 million fund has been accessed by women. after the mining projects e.g. schools and clinics. The government is also working hand with the There is increased energy access for women and Women’s Empowerment Bank so that women can improved health care. Gold value addition and access funding for value addition opportunities beneficiation promotes gender equality, economic in the mining sector. Young women can also empowerment, improved livelihoods for women tap from the Youth Empowerment Bank for in the mining sector (Spiegel, 2015). A summary investment opportunities for their banks. The of the benefits of gold value addition are shown in Ministry of Mines and Mining Development has Figure 4. also set up a stand-alone department that focuses on Minerals Value Addition and Beneficiation

32 Gold Beneficiation and Value Addition: Opportunities for Women in Mining

Figure 4 (above): Gold value addition and beneficiation stages and various benefits (Mungoshi, 2011) in Zimbabwe including gold as the key mineral. Women also have an opportunity to be members of the Jewellers Council of Zimbabwe where value addition players in gold and related minerals are Figure 5 (below): Various value added products represented and have direct information from from gold the Reserve Bank of Zimbabwe and the Fidelity Printers and Refiners.

32 33 Putting Women at the Centre of Extractivism

5. Environmental Considerations Although the value addition of gold is promoted and availability of opportunities, it is critical that environmental considerations are made and aligned to in accordance to the Zimbabwean laws and regulations. Women in gold mining must also consider the adoption of mercury free gold processing so as to minimise negative health effects on their bodies. 6. Conclusions Gold value addition and beneficiation promotes various business opportunities for women in mining. Involvement of women in gold value addition and beneficiation promotes women empowerment, creation of jobs and improved livelihoods. The implementation of the TSP programme as well as the women empowerment programmes will see women in mining benefiting. References

Mawowa, Showers (2013) ‘The Political Economy of Artisanal and Small-Scale Gold Mining in Central Zimbabwe’, Journal of Southern African Studies, 39:4, 921-936, DOI:10.1080/03057070. 2013.858540. Mugandani, E. (2017). ‘Status of Mineral Exploration and Development in Zimbabwe’, SAIMM Zimbabwe Conference 2017. Mungoshi, J. (2011) ‘Beneficiation in the Mining Industry’ SAIMM Zimbabwe Branch Conference, 2011. Spiegel, Samuel J. (2015) ‘Shifting Formalization Policies and Recentralizing Power: The Case of Zimbabwe’s Artisanal Gold Mining Sector’, Society & Natural Resources, 28:5, 543-558, DOI: 10.1080/08941920.2015.1014606. Transitional Stabilisation Programme (TSP) 2018-2020.

34 4

An Analysis of the Legal, Institutional and Policy Constraints affecting the Participation of Men and Women in Local Content Development Outcomes in the Mining Sector in Zimbabwe

Byron Zamasiya and Tafadzwa Dhlakama

ABSTRACT to unpack the legal, policy and institutional challenges that constrain the participation of Africa is the world’s top producer of mineral women in the mining value chain. Our aim is resources. These natural resource endowments to provide important policy lessons that can be have seen the continent experiencing violent used to enhance the realisation of local content conflicts and are a hope for resource based development outcomes by women from impacted economic development. Most of these mineral mining communities in Zimbabwe. Our results resources are exported to the industrialised show that indeed, Zimbabwe has legislation countries without significant beneficiation. and policies that seek to promote local content Empirical evidence shows that international development initiatives in the mineral resources mining companies are translocating with sector. However, these policies and legislation integrated value chains, extracting resources do not adequately address the needs of men and and selling them as commodities with no women so that they can effectively participate in linkage to the local economy. However, mineral the mining value chain. We therefore recommend resource rich nations in Africa – and Zimbabwe that to enhance the participation of men and in particular – are increasingly recognising women in the mining value chain, the government that beyond fiscal benefits to governments needs to revise the policies and legislation on from mining companies, the mining industry local content development in the mining value can positively contribute to broader social chain. Possible policy options include setting and economic development, especially for preferential procurement targets for impacted women and men through promoting their communities and developing a sustainable participation in the mining sector value chain. enterprise development model. One of the initiatives taken by the Zimbabwean government has been the promotion of local 1. Introduction content development interventions through legal, There is an increasing realisation by mineral policy and institutional mechanisms. Against resource rich nations in Africa that besides fiscal this backdrop, this desk review therefore seeks benefits that accrue to host governments from

35 35 Putting Women at the Centre of Extractivism mining companies, the mining industry can Weitzman, 1974; Blomström and Meller, 1991). positively contribute to the broader social and Local content development interventions are economic development of host nations. This designed to enable countries to maximise the gains recommendation stems from the fear of falling from Foreign Direct Investment (FDI) through into similar under-development trajectories promotion of local participation in FDI and the that have been endured by other resource rich use of raw materials. Despite the development nations. Studies note that mineral resource of local content development interventions, extraction is not benefiting communities, even evidence suggests that the benefits to impacted in developed countries that are endowed with communities in resource rich nations are still low. mineral resources (Poncian and George, 2015; There is scant literature on the role that different Hansen, 2014). In fact, Africa suffers from the factors play in constraining the participation of extractive industries curse due to failure by men and women in local content development most governments to transform revenue from outcomes. As such, without the requisite empirical the extractive sector into sustainable economic evidence of the former, it is difficult for policy growth and industrial development outcomes makers to realise social and economic benefits (Sigam and Garcia, 2013).As noted by Hansen, from mineral resource extraction. Against this Africa can only benefit from the mineral resource backdrop, this study seeks to investigate the legal, extraction if the extractives industry is linked policy and institutional challenges that constrain to the local economy (Hansen, 2014). This view the participation of men and women in the mining is also buttressed by the African Mining Vision value chain on an equal basis. The aim of the study (AMV) of 2009 which states that the continent’s is to provide important policy lessons that can be social and economic transformation should be used to enhance the realisation of local content premised on transparent, optimal exploitation and development outcomes by men and women from development of its natural resources.1 Empirical impacted communities in Zimbabwe. evidence further shows that international mining 2. Background to the Mining Industry companies have been known to move around in Zimbabwe with integrated value chains, extracting resources and selling them as commodities with no linkage Zimbabwe is endowed with vast mineral deposits to the local economy (Poncian and George, 2015). both discovered and undiscovered. Of these However, the harm caused by economic shocks minerals, 60 are known minerals and 40 are and price volatilities has necessitated the need for commercially exploited.2 As noted by Ministry self-reliant economic development for mineral of Mines and Mining Development, about 60% resource endowed and mineral resource deficient of the country’s land surface comprises of ancient economies. mineral bearing rocks. Some of the minerals One of the initiatives taken by resource rich that are found in Zimbabwe include gold, nickel, governments are local content development chrome, copper and platinum group metals. interventions. Through such initiatives,Table 1 shows the minerals, estimated reserves governments seek to maximise social and and areas of location. economic benefits from mineral resource Moreover, Zimbabwe has the second largest extraction by ensuring that the majority of resources used in the mineral value chain are 2 Ministry of Mines and Mining Development (2018) obtained locally (Melo and Rodriguez-Clare, 2006; ‘Mineral Potential Procedures and Requirements 1 African Union ‘Africa Mining Vision’ available at of Acquiring Licenses and Permits in terms of the http://www.africaminingvision.org/amv_resources/ Mines and Minerals Act (Chapter 21:05): Unlocking AMV/Africa_Mining_Vision_English.pdf accessed Our Mineral Resource Potential’, Government of on 12 January 2019. Zimbabwe (GOZ), Harare. 2018.

36 Putting Women at the Centre of Extractivism An Analysis of the Legal, Institutional and Policy Constraints

Table 1: Mineral resources in Zimbabwe Source: Zimbabwe Investment Authority (2016)

Mineral Estimated resources Area of location Gold 13 Million tonnes Bindura, Kadoma, Mudzi, Mvuma, Kwekwe Platinum 2.8 Billion tonnes Great Dyke, Chegutu, Shurugwi, Wedza, Ngezi, Msengezi Chromite 930 Million tonnes Great Dyke, Shurugwi, Mutorashanga and Mashava Nickel 4.5 Million tonnes Great Dyke, Shangani, Hunters Road Coal 26 Billion tonnes Hwange, Sengwa, Save Runde and Bubi Diamonds 16.5 Million tonnes Chiadzwa, Murowa, River Ranch Iron Ore 30 Billion tonnes Buchwa, Ripple Creek, Chiredzi, Nyuni Copper 5.2 Million tonnes Lomagundi, Mhangura, Hurungwe, Umkondo Basin Methane Largest known reserves in Hwange, Lupane, Tsholotsho, Mzola, Lower sub-Saharan Africa Save and Umkondo Basin

Fig 1. The Mining Value Chain

Source: UNCTAD, 2012

36 37 Putting Women at the Centre of Extractivism platinum deposit in the world after South Africa.3 beneficiation, this is normally done at the mine. The country is also endowed with Mashonaland This is then followed by smelting. The smelting Dolerite in Mutoko district which is the best process removes further impurities from the dimension stone in the world. Following the mineral ores. The last stage of the mining value collapse of commercial-farmer-led agricultural chain is the value addition. This stage involves production and the deindustrialisation of the processing of all metals into tradable shapes. secondary industries which followed; mining In the event that the mine closes, the process of has emerged as the major contributor to Gross a mine closure is called decommissioning. This Domestic Product (GDP). Mining activities in stage could take between two and five years. Zimbabwe are principally guided by the Mines 4. Local Content Development and Minerals Act of 1961 as revised over the years to date. However, in 2013 Zimbabwe reviewed Strategy its mining policy and aligned it with the Africa Melo and Clare define local content development Mining Vision adopted by heads of states in 2009. as a percentage of domestic value added Under the new policy paradigm, the government’s embodied in the specified final product (Melo, goal is to (i) see the natural resources being and Rodriguez-Clare, 2006; Weitzman, 1974; exploited by the largely indigenous Zimbabwean Blomström and Meller, 1991). population, (ii) equity between foreign and local Governments define local content investors and (iii) increased participation of local development as the actions that a country can people in the mining value chain. take to increase benefits from mineral resource 3. The Mining Value Chain extraction through positive linkage effects on the local economy by promoting local suppliers The mining value chain is made up of two major of goods and services, provision of additional processes namely extractive and processing income and employment through downstream, activities as reflected in Figure 1. The first upstream, side stream and value addition stage in the mining value chain is exploration. throughout the entire mining value chain (Tordo This stage refers to activities leading to the et al., 2013). Local content development can also discovering of resources. Exploration is followed be referred to as deliberate interventions by by development which is the second stage. This governments in resource rich countries to ensure stage involves activities such as preparation of a that the majority of goods and services required feasibility study, construction of mine, processing at each and every stage of the mining value plant and other infrastructure such as roads, chain are obtained locally. The overall objective rails and staff quarters. Compared to all other of local content development initiatives is the mining activities, this is the most expensive stage eventual technology transfer that will facilitate of the mining value chain. The third stage of the the ability of the country to take care of its own mining value chain is mining. This stage involves development trajectory. The major outcomes of the extraction of mineral resources and their local content development interventions from removal from the debris. The choice of mining these definitions are local employment, local method (open cast or underground mining) will procurement and local enterprise development. depend on the location of mineral resources. A local content development strategy creates Upon extraction of the mineral ore, impurities opportunities for local employment for local are removed through mineral processing or people, local or national enterprises to participate in the supply chain of the mine. It should be 3 ‘Zimbabwe Geological Survey’ Ministry of Mines noted that the realisation of these outcomes is a and Mining Development available at http://www. mines.gov.zw/?q=zgs-all accessed on 12 January 2019. function of the prevailing economic conditions.

38 Putting Women at the Centre of Extractivism An Analysis of the Legal, Institutional and Policy Constraints…

4.1 Local Employment 5. Types of Local Content Local employment as noted by Kenyon refers to Development deliberate efforts to ensure that the majority of There are three types of local content development the workforce is from the local people (Hansen, initiatives namely community led, government 2014). In most cases, the highly technical skills led and industry led. Under the former, mining needed by mining companies may not be locally companies interact with indigenous communities available. This then implies that local people may and strike specific arrangements on supplier and not be adequately knowledgeable to participate labour force development. This approach is in local employment for technical jobs in the deemed inclusive as both parties are involved in mining companies. However, through the the development of the strategy. The approach implementation of local employment targets, is built on trust between mining companies and local people can then benefit from skills and the community. Communities and the mining knowledge transfers by mining companies. So, in companies can set the goals and a monitoring the absence of local employment initiatives, local framework. This is the framework used by Mimosa people will never have the necessary skills to be and Murowa Diamond Mining Companies in the engaged by mining companies. Zvishavane districts of Zimbabwe. 4.2 Local Procurement On the other hand, government-led local In most instances, mineral resource extraction content development is when governments is conducted by international companies who prescribe either through revising mining contracts already have established relationships with and concessions or through promulgating new international suppliers. This relationship provides legislation that forces companies to comply. This the necessary conditions for the exclusion of type of local content development is the most indigenous businesses from the procurement widespread in Africa and within Zimbabwe. It processes. This then calls for the development of refers to initiatives taken by companies to support deliberate policies that promote local procurement a local supply chain and/or employ local labour such as discretionary licensing, strong audits of e.g. Anglo Zimele in South Africa, Tokafala 5 6 purchases transfer of research and development in Botswana and Zimplats in Zimbabwe all and joint ventures with local communities. work in this way. Mining companies undertook to facilitate local procurement by unbundling 4.3 Local Enterprise Development contracts, publishing tenders, giving more time to These are deliberate efforts by mining companies SMEs, helping SMEs to meet the criteria to supply to recruit men and women and strategically the mine. Local mining companies can also enter support them to establish and operationalise into training and capacity building with research businesses in the extractive and non-extractive institutions to help local people take up jobs in the sector. The objective of local enterprisemine at various levels of competency. development is to link the local mining company 6. Methodology with the local economy. They include approaches adopted by mining companies such as Anglo- This study is based on a literature review of 4 Zimele in South Africa. 5 ‘Tokafala Botswana’ available at https://tokafala. co.bw/index.php/who-we-are/about-the-program 4 ‘Anglo Zimele: Empowering partnership’ available accessed on 25 January 2019. at https://www.angloamerican.co.za/~/media/Files/A/ 6 ‘Investing in Zimbabwe’s Entrepreneurial Skills’ Anglo-American-South-Africa/Annual%20Reports/ available at https://www.zimplats.com/investing-in- anglozimele-brochure09.pdf accessed on 25 January zims-entrepreneurial-skills/ accessed on 25 January 2019. 2019.

38 39 Putting Women at the Centre of Extractivism documents on local content development Some of the Articles under the WTO agreements interventions. It relies on published journal include the National Treatment Principle Article articles, legislative instruments, government III:4 and Article III:5. policy documents, company reports, on line The national treatment principle in Art III: 4 of resources and survey reports. The study provides GATT provide that: a critical analysis of what the laws and policies say. The products of the territory of any contracting It then provides a gendered analysis of whether party imported into the territory of any other or not the laws, policies and institutions address contracting party shall be accorded treatment issues of participation of men and women in the no less favorable than that accorded to like mining value chain at an equal level. products of national origin in respect of all 7. Local Content Instruments laws, regulations and requirements affecting their internal sale, offering for sale, purchase, Governing Local Content transportation, distribution or use. The Development in Zimbabwe provisions of this paragraph shall not prevent the In Zimbabwe, local content development is application of differential internal transportation mainly guided by legal and policy instruments. charges which are based exclusively on the These include the WTO Agreements, the Mines economic operation of the means of transport and Minerals Act (Chapter 21:05 of 1961), the and not on the nationality of the product. Indigenisation and Economic Empowerment Act On the other hand, Art III: 5 of GATT states (IEE) (Chapter 14:33 of 2007), the Zimbabwe that: Mining Development Company Act (Chapter No contracting party shall establish or maintain 21:08 of 1983) and the Precious Stones Trade Act any internal quantitative regulation relating (Chapter 21:06 of 1978). On the policy side, the to the mixture, processing or use of products in policy documents include the African Mining specified amounts or proportions which requires, Vision of 2009, the 10 Point Plan of 2015, the directly or indirectly, that any specified amount Presidential Statement clarifying Government or proportion of any product which is the subject of Zimbabwe’s position on the Indigenisation of the regulation must be supplied from domestic and Economic Empowerment Act of April 2016 sources. Moreover, no contracting party shall , and the Transitional Stabilisation Programme otherwise apply internal quantitative regulations Reforms Agenda of 2018. in a manner contrary to the principles set forth 7.1 WTO Agreements Guiding Local in paragraph 1. Content Development The effect of these Articles under the WTO Agreements is to remove artificial trade barriers Although there are number of international between countries. They require that member treaties governing local content requirements in countries treat each other as they would their resource rich countries, the WTO agreements own nationals. Barriers make trade unattractive are the more pronounced ones. These include between countries. As such, the removal of trade Trade Related Measures,7 the General Agreement barriers leaves countries to compete based on on Tariffs and Trade8 and the Agreement on costs of production. Subsidies and Countervailing Measures (ASM).9

7 See https://www.wto.org/english/docs_e/ legal_e/18-trims.pdf. 8 See https://www.wto.org/english/docs_e/legal_e/ gatt47.pdf. 9 See https://www.wto.org/english/docs_e/ legal_e/24-scm.pdf.

40 Putting Women at the Centre of Extractivism An Analysis of the Legal, Institutional and Policy Constraints…

8. The Legal Framework proffers the measures and areas in which both women and men can participate and benefit from Guiding Local Content resources in their areas such as mining. Development in Zimbabwe 8.1.1.The Indigenisation and Economic There are several pieces of legislation that guide Empowerment Act local content development in Zimbabwe. These pieces include Indigenisation and Economic The Indigenous and Economic Empowerment Empowerment Act (Chapter 14:33 of 2007),10 Act (Chapter 14:33 of 2007) provides for support Mines and Minerals Act (Chapter 21: 05 of 1961) measures for further indigenisation of the ,11 Mines and Minerals Amendment Bill of 2015,12 economy by outlining measures for the economic the Zimbabwe Mining Development Corporation empowerment of indigenous Zimbabweans. The (ZMDC) Act (Chapter 21:08 of 1982),13 and the IEE Act stipulates that at least 51% of shares of Precious Stones Act (Chapter 21:06 of 1978).14 every public company and any other businesses shall be owned by indigenous Zimbabweans.16 8.1 The Constitution of Zimbabwe Among other provisions, the Act also provides Zimbabwe in 2013 adopted a new Constitution that there is no investment license that shall be that elevated National Developmental Plans.15 issued for an investment in a prescribed sector Sections 13 and 14 of the Zimbabwean of the economy unless the majority of its shares Constitution on National Development as well are owned by indigenous Zimbabweans.17 The Act as Empowerment and Employment Creation further provides that all government departments, provide a framework for the promotion of local statutory bodies, local authorities and all other development initiatives to which all local laws companies shall procure at least 50% of their have to be interpreted. goods and services from businesses where the Section 13 provides in part that: majority of the shares are owned by indigenous (2) Measures referred to in this section must Zimbabweans. In the event that procurement is involve the people in the formulation and done from businesses in which a controlling stake implementation of development plans and is not in the hands of indigenous Zimbabweans, programmes that affect them. then subcontracting required by the supplier should give preferential treatment to businesses in (3) Measures referred to in this section must which the majority of the shares are in the hands protect and enhance the right of the people, of indigenous Zimbabwe.18 particularly women, to equal opportunities in The major weakness with this Act is that development. it implicitly defines Zimbabweans without (4) The State must ensure that local communities disaggregating what has to be done for the men and benefit from the resources in their areas. women from impacted communities. For instance, the Act talks about procurement from companies In order to give effect to such national owned by indigenous Zimbabweans. However, the developmental plans, the Government of term indigenous Zimbabweans is broad as it does Zimbabwe promulgated the Indigenisation and not distinguish between communities directly Economic Empowerment Act. The legislation impacted by mining and those from the rest of 10 Chapter 14:33. the country. Furthermore, the policy is not gender 11 Chapter 21:05. sensitive as it does not provide for what should be 12 H.B.19. 2015. 13 Chapter 20:08. 16 Ibid, Section 3(a). 14 Chapter 21:06. 17 Ibid, Section 3(a). 15 Amendment (No. 20) Act, 2013. 18 Ibid, Section 3.

40 41 Putting Women at the Centre of Extractivism reserved for marginalised groups such as women mining value chain. Moreover, being the first and youth. The absence of such clarity implies one to approach the Ministry may simply be that there is high risk of political capture in the reflective of information asymmetry. Nowhere procurement processes by the elite. does the Bill provide mechanisms for checking if the first person to apply has preferential access 8.1.2. Mines and Minerals Act and the to information on mineral deposits to which Mines and Minerals Amendment Bill of the local men and women might not have. 2015 Moreover, the Bill does not seek to promote the The Mines and Minerals Act (Chapter 21:05 of participation of women in mining, and there is 1961) is the principal legislation that governs no quota system to encourage their participation. mining operations in Zimbabwe. The Act has This lack of deliberate policy targets clearly undergone several amendments to suit the reveal that the Acts are not gender inclusive. (We changing socio-economic environments in should note, however, that issues of local content the country. The Act vests all minerals in the development outcomes are prominent in the President of the Republic of Zimbabwe. Local Indigenisation and Economic Empowerment and domestic investors in the minerals resources Act. (Chapter 14:33 of 2007). sector need to be conferred with mining rights 8.1.3. The Zimbabwe Mining through either a prospecting license or mining Development Corporation Act (Chapter lease. The Act provides that a Mining Board shall approve an application for a mining lease on the 21: 08 of 1983) basis that the application meets the conditions for The Zimbabwe Mining Development procurement, use of local goods and services Corporation Act (Chapter 21: 08 of 1983) and employment of Zimbabweans. Generally, provides for the establishment of the Zimbabwe the Act seeks to sustain development of Mining Development Corporation (ZMDC),20 a the country’s mineral resources and create state-owned company established in 1982. The employment opportunities for indigenous day-to-day business of ZMDC is run by a General Zimbabweans. There is no prioritisation of the Manager who has to be a citizen of Zimbabwe minerals which shall be exploited or developed. and be permanently resident in Zimbabwe.21 The The Mines and Minerals Amendment Bill corporation is run by the Mining Development speaks to issues of resolving disputes between Board. The functions and duties of the miners and farmers, states the application corporation include planning, co-ordinating and process for prospecting licenses and the implementing mining development projects on awarding of mining licenses. behalf of the state.22 In all its dealings, ZMDC The major weakness with the Mines and is required to review all matters related to the Minerals Act is that it is silent on issues of mining industry in accordance with government participation of men and women in local content economic policy. The corporation must also development provisions. The recently submitted direct its activities towards implementation of Mines and Minerals Amendment Bill of 2015, government mining development policy. now before Parliament, does also not do justice Although this Act provides for investment to the issue.19 In fact, the Bill addresses issues in the mineral resources sector on behalf of of awarding mining licenses by stating the first Zimbabweans, it is not sychronised with the come first served approach, which is capitalistic Indigenisation and Economic Empowerment Act. and does not serve the interests of local men 20 Chapter 20:08. and women who may want to participate in the 21 Ibid, Section 24. 19 H.B.19. 2015. 22 Ibid, Section 20.

42 Putting Women at the Centre of Extractivism An Analysis of the Legal, Institutional and Policy Constraints…

The ZMDC Act reflects government policy, which are not clear on how local men and women can is silent on how men and women can participate participate in the two processes. The Act can thus in local content development outcomes in the be said to be gender neutral. mining value chain. The Act mandates ZMDC 8.1.5. Zimbabwe Investment Authority to invest in the mining industry on behalf of the government, but a key concern is how citizens Act (Chapter 14: 30 of 2006) benefit from involvement in mining. This absence The Zimbabwe Investment Authority Act of a legal framework means that investors need (Chapter 14: 30 of 2006) repealed the Zimbabwe make no attempt and are not likely to promote the Investment Centre Act.27 It provides for the participation of men and women in the mineral establishment and of the Zimbabwe Investment value chain. Authority (ZIA). The mandate of the Zimbabwe Investment Authority is to promote and co- 8.1.4 The Minerals Marketing ordinate investments by both domestic and foreign Corporation of Zimbabwe Act (Chapter investors. ZIA is run by a board which is advised 21: 04) by an investment committee. The investment This Act of Parliament provided for the committee comprises of representatives from establishment of a 100% state-owned enterprise various government ministries and agencies known as the Minerals Marketing Corporation namely the ministries of: Mines and Minerals of Zimbabwe23 which falls under the Ministry of Development; Youth Sports Arts and Recreation; Mines and Mining Development. The role of the Ministry of Industry and Commerce; Public MMCZ is to market and sell all minerals produced Service Labour and Social Welfare; Ministry of in Zimbabwe with the exception of gold and Environment, Tourism and Hospitality Industry; silver.24 Minerals that the corporation deals with Local Government Public Works and National can be classified into three broad categories that is Housing; Ministry of Women Affairs, Community, precious metals, base metals, industrial minerals Small and Medium Enterprises – Developments and gemstones.25 The MMCZ is also mandated to ; Ministry of Justice, Legal and Parliamentary promote local beneficiation and utilisation of any Affairs; Finance and Economic Planning; and minerals.26 There are two amendments that were as well as the Zimbabwe Revenue Authority, the made to the Act. Statutory Instrument (SI) 184 of Department of Immigration, the Reserve Bank 2006 provides that 10% of mineral output should of Zimbabwe and any other invited members.28 be retained in Zimbabwe for local processing. The committee makes recommendations to the Statutory Instrument 157 of 2010 provides that board on whether to approve or reject investment the MMCZ facilitates the establishment of special applications submitted to ZIA by both domestic training schools and specialised laboratories for and foreign investors. The ZIA board may impose various minerals. This SI addresses the issue of such conditions on the issue of any investment development of local human resources capacity licence as it considers appropriate. The Act also for employment in the mining sector. Although empowers the board to vary or amend conditions the Act provides for local beneficiation and imposed on the business licence whenever it is retention of 10% of mineral output for utilisation informed of any changes. There are no gender in Zimbabwe, the Act and the subsequent SIs specific provisions within the Act that are made to investors such as gender impact investment. 23 Chapter 21:04. 24 Ibid, Section 20. 25 See www.mmcz.co.zw 26 Minerals Marketing Corporation of Zimbabwe 27 Chapter: 24:16. Act, Section 20. 28 Ibid, Section 6(2)(d).

42 43 Putting Women at the Centre of Extractivism

8.1.6. The Precious Stones Trade Act of terms implies that local communities (people (Chapter 21: 06 of 1978) directly affected by mining operations) are not given preferential treatment in employment and This Act regulates the possession of and procurement. For instance, a more progressive dealings in precious stones29 and those referred policy would define the different levels of ‘local’ to in the Act are rough or uncut diamonds and and what benefits local people might receive emeralds. The Act provides that local dealers from mining operations. Without clarity on in precious stones have to be licensed by the the definition of ‘local’, the realisation of the Ministry of Mines and Mining Development social and economic benefits of participating in through issuance of Precious Stones License mining value chain by men and women living to trade in precious stones. The Act imposes in the immediate vicinity is constrained and the a custodial sentence for illegal possession or developmental values outlined in the constitution dealing in precious stones. The major weakness are undermined. of this Act is that it does not refer to any Furthermore, thus absence of clarity also means outcomes of local content development when that communities directly affected by mining the license is issued to the dealer or holder of a activities are not given the exclusive rights to mining claim. supply non-technical and non-capital- intensive 9. Legal constraints to local goods and services. Without the proper definition content development in of ‘local’, the communities directly affected by mining operations have no preferential treatment Zimbabwe in terms of providing procurement services to The preceding discussion has outlined that the mining companies, and may be marginalised by major legal instruments that seek to promote well-established national firms. This development local content development in Zimbabwe are the limits the social and economic benefits that can Indigenisation and Economic Empowerment be realised by communities that participate in Act (Chapter 14:33 of 2007) and the Mines and mining value chain. A typical example is South Minerals Amendment Bill of 2015. These legal Africa’s Anglo Zimele and Botswana’s Debswana instruments provide the basis of participation Mining Company’s preferential procurement of indigenous Zimbabwean men and women policies that have clear definitions of what local in the mining value chain. The aforementioned communities and local businesses are. Their instruments seek to promote the participation of policies go further to address quotas for different indigenous people in business (equity ownership), marginalised groups such as women’s groups. procurement and employment. In Debswana’s case ‘local’ has been categorised The Mines and Minerals Act and the IEE Act into two groups namely (a) communities directly seek to promote local employment by stating that affected by mining and (b) the general citizenry. at least 50% of the labour services should be local Such clarity of definition has allowed them to people. Whilst this is a commendable attempt set procurement quotas and effectively allocate at creating employment for Zimbabweans, the benefits to the local and national economies. Acts do not clearly define the term ‘local’. In one 10. Policy Environment instance, local may mean the people directly affected by mining activities; it may also mean The local content development policies people from the same district or province where are enshrined in government policies and mining activities are taking place or it may mean statements. These include the African Mining just Zimbabweans. The lack of clarity in definition Vision, The ZimAsset, 10 Point Plan, the Presidential Statement Clarifying Zimbabwe’s 29 Chapter 21:06.

44 Putting Women at the Centre of Extractivism An Analysis of the Legal, Institutional and Policy Constraints…

government’s Position on Indigenisation and Natural Resources for Growth and Poverty Economic Empowerment and the Transitional Reduction’ jointly organized by the United Nations Stabilisation Programme Reforms Agenda. Economic Commission for Africa (UNECA) and the African Development Bank (AfDB); and 10.1 The African Mining Vision of 2009 The International Study Group (ISG) Review of The African Mining Vision of 2009 is a Africa’s Mining Regimes34. The AMV is premised developmental policy framework crafted to on the Africa Spatial Development Programme address the paradox of the existence of poverty (SDP) which states that for the AMV to be amidst rich mineral resources on the continent30. successful there has to be engagement between The framework seeks to ensure that Africa’s key development corridors in Africa. It further social and economic development is pinned on states that the success of the SDP is based on the transparent, equitable and optimal exploitation creation of opportunities for local participation of mineral resources.31 The AMV was adopted in the provision of services and goods through by African Heads of States in February 2009 unbundling of the mining industry (upstream, at the AU summit following the October 2008 downstream and side stream). The vision also meeting of African Ministers responsible for states that there is need for the diversification Mineral Resources Development32. . As such, of the economy and the provision of sustainable the AMVseeks to turn Africa’s resource enclave livelihoods in mining communities. status so that the continent moves from being an The AMV acknowledges that the failure by the exporter of cheap raw materials to a manufacturer mining sector to significantly contribute to poverty and supplier of knowledge-based services.33 reduction is due to weak linkages between mining The development of the AMV was informed and local, regional and national economies. The by sub-regional and continental level policy AMV calls for inclusion of provisions for local intiatives between 1997 and 2008. These include; content development in mining contracts and a The Johannesburg Political Declaration and review of the legislation guiding mineral resources Plan of Implementation; The Yaoundé Vision on development. These provisions include Human Artisanal and Small-Scale Mining; The Africa Resources Development, local procurement and Mining Partnership’s Sustainable Development targets for staff complements, local purchasing Charter and Mining Policy Framework; The targets, local mining equity targets and Southern Africa Development Community establishment of venture capital funds. (SADC) Framework and Implementation Plan The AMV is a development framework at for Harmonisation of Mining Policies, Standards, continental level. Good as it may appear, the Legislative and Regulatory Frameworks; Union AMV requires the individual countries to develop Economique et Monétaire Ouest Africaine country-specific plans, followed by a review of (UEMOA’s) Common; Mining Policy and Code the legislation that governs mineral resource Minière Communautaire ; The Summary Report extraction. The harmonisation of the country- of the 2007 ‘Big Table’ on ‘Managing Africa’s specific plans and legislation should be followed by specific local content development outcome 30 Oxfam International, 2017. From aspiration to targets that address the social and economic needs reality: Unpacking the African Mining Vision. Oxfam of men and women in country-specific contexts. Briefing Paper 31 African Union ‘Africa Mining Vision’ available at These should include templates and frameworks http://www.africaminingvision.org/amv_resources/ showing how the different groups or communities AMV/Africa_Mining_Vision_English.pdf accessed on 12 January 2019. 34 Oxfam International, 2017. From aspiration to 32 Ibid reality: Unpacking the African Mining Vision. Oxfam 33 Ibid, Page 2. Briefing Paper

44 45 Putting Women at the Centre of Extractivism will benefit. The legislation should be clear about and women. However, although the statement how local citizens will benefit from participating ordered a review of the necessary legislation, it in local development outcomes by, for instance, did not speak to issues of gender from both the creating a model that improves access to capital by empowerment perspective and the participation advancing credit at concessionary lending rates. aspect in local development outcomes. Such a model would at least provide the necessary 10.3 Policy Constraints to Local and sufficient conditions for participation of men and women in the mining value chain. Content Development Zimbabwe has developed policies that seek to 10.2 Presidential Statement Clarifying promote the participation of men and women Zimbabwe’s Government’s Position in the mining value chain through promotion on Indigenisation and Economic of value addition and enterprise development. Empowerment Policy These policies include the First Republic’s The Presidential Proclamation released on the ZimAsset which was meant to be operational 11 April 2016 seeks to clarify the confusion until December, 2018; the Ten Point Plan and arising from the different interpretations of the Second Republic’s Transitional Stabilisation Indigenisation and Economic Empowerment in Programme Reforms Agenda October 2018 – 35 laws, General Notices and Frameworks. In the December 2020. The major weaknesses in these proclamation, the then President of the Republic polices is that they do not directly address how of Zimbabwe, Robert Gabriel Mugabe, reiterated citizens, both male and female, may participate. that government introduced the Act to deliberately Although value addition and beneficiation, as empower disadvantaged Zimbabweans and grant promulgated in the Transitional Stabilisation them ownership and control of the country’s Programme Reforms Agenda, is allowed for, means and factors of production. The policy the policies do not provide templates or guiding distinguishes indigenisation and economic principles as to how men and women from empowerment for the three sectors namely impacted communities can participate in the Natural Resources Sector, Non-Resource Sector mining value chain. Rather local content is only and Reserved Sector. mentioned in reference to public infrastructure In the Natural Resources Sector, the and is compulsory in publicly funded projects 36 proclamation states that indigenisation and and Programmes. economic empowerment is not negotiable. i.e. Furthermore, polices such as the African that the IEE policy can only be fulfilled through Mining Vision talk of gender inclusivity through either ceding 51% equity to government and its broad-based participation in the integration of designated entities or through local content where mineral extraction with local economies. While 75% of the business’ gross revenue is retained this is commendable, the premise requires the locally through taxation, salaries and wages, development of commensurate country level procurement and other linkages. As such, new and policies that look at the unique circumstances existing businesses tht have not complied through of each country and set the guiding principles. ceding equity can do so through Local Content These country mining visions need to address Development (LCD). President Mugabe then issues of local content development outcomes by instructed the responsible Ministries to amend outlining how men and women can participate in the IEE Act and align it with policy. This statement 35 GoZ, (2018) ‘Transitional Stabilisation Programme represented the strategic direction that the country Reforms Agenda October 2018–December 2020: Towards a Prosperous & Empowered Upper-Middle- was expected to take in terms of realisation of Income Society by 2030’. GOZ, Harare. local content development outcomes by men 36 Ibid, Page 245.

46 Putting Women at the Centre of Extractivism An Analysis of the Legal, Institutional and Policy Constraints…

the mining value chain. Without such, it is very Act through Section 42 of the Finance Act by the likely that realisation of social and economic establishment of the National Indigenisation and benefits from mining value chain participation Economic Empowerment Unit (NIEEU) which is will remain a pipe dream. The former economic now within the civil service. blueprint, ZimAsset document talked of the 11.1 Institutional constraints to local formation of mining syndicates to enable the participation of men and women. While this content development might have been a possible approach, the policy One of the major challenges faced by local ran short of stating how men and women from businesses who participate in the mining value impacted communities could benefit. Failure to chain is the lack of cheap order finance. Despite clarify such provisions clear makes it difficult being mandated to assist indigenous Zimbabweans to monitor local development outcomes, at with capital and order finance, NIEEB was not least from a community perspective. Forming been able to fulfill this mandate. The lack of finance syndicates is one thing, operationalising them is from NIEEB constrained men and women from a different matter altogether. the communities impacted by mining activities to participate in the mining value chain. The Chief 11. Institutional Environment Executive Officer of NIEEB was once summoned Local content development policies in Zimbabwe by parliament and he said that… were previously administered by the National ‘NIEEF has no money to assist local businesses as Indigenisation and Economic Empowerment it is not funded.’ Board (NIEEB). The formation of NIEEB This reality implies that setting up institutions was provided for in the IEE Act. The role of is one thing and operationalising them requires a NIEEB was to advise the Minister of Youth different set of strategies. As such, the realisation Indigenisation and Economic Empowerment of local content development outcomes by (MoYIEE) on government’s indigenisation men and women will not be achieved as long and economic empowerment strategies. The as the conducive environment is not there. It board was also tasked with the administration will be important for one to assess the mandate, of the National indigenisation Economic and works of the National Indigenisation and Empowerment Fund (NIEEF) and overseeing Economic Empowerment Unit after it is fully compliance with the National Indigenisation and functional, learning from the challenges faced by Economic Empowerment Charter (NIEEC). The its predecessor. Act further provided that NIEEB through NIEEF would provide financial assistance to indigenous 12. Conclusion Zimbabweans. Finance accessed through the This study sought to investigate the legal, policy NIEEB would be used for share acquisitions, and institutional factors affecting the participation business start-ups, expansion and rehabilitation.37 of men and women in the mineral value chain NIEEB was also mandated to finance capacity in Zimbabwe. It has shown that the country has building projects on behalf of indigenous legislation and policies that seek to promote local Zimbabweans and to carry out any other content development initiatives. However, despite actions that promote indigenous and economic the availability of such, the literature review has empowerment of indigenous Zimbabweans. shown that these legal and policy documents Currently, changes have been made to the do not adequately address the needs of men and Indigenisation and Economic Empowerment women so that they can effectively participate in 37 Indigenisation and Economic Empowerment Act, the mining value chain. As such, participation Section 12.

46 47 Putting Women at the Centre of Extractivism will remain low until deliberate efforts are procurement targets for men and women made to address the gaps existing in the current from the impacted communities. laws, policies and institutions. It is, however, • There is need for the development of a noteworthy that before leaving office, the then holistic enterprise development model President of Zimbabwe ordered a review of the with specific responsibilities for various existing laws and policies so that they would be government agencies and ministries. in line with his Proclamation on Indigenisation Fundamentals should be put in place to and Economic Empowerment. This was viewed ensure that the enterprise model should be as a window of opportunity expected to offer the self-sustaining as in the Anglo Zimele in development of templates that could be adapted South Africa for the realisation of benefits from participation • The Ministry of Mines and Mining in the mining value chain by men and women Development should lobby mining from impacted communities. The government companies to recruit, and build the capacity led by President Mnangagwa is fairly new and of local men and women and deliberately the direction of its policies vis-à-vis local content encourage them to participate in bidding development initiatives in the mining value chain rounds/supply chain development initiatives. is yet to be clearly outlined, as the Mines and • NIEEU should set mandatory requirements Minerals Amendment Bill is yet to be signed by for participation of local business/ the President and gazetted into law. entities owned by men and women 13. Recommendations from communities impacted by mining operations. This study recommends that: • Need for an innovative private-public • NIEEU should consider redefining the partnership model in mobilising financial term ‘local’ and disaggregating the different resources. Conditions should be put in place levels of local to include communities to ensure that the men and women from directly affected by mining, labour-sending impacted communities can access such communities and general citizenry. The finances at concessionary rates. However, definition should include men and women monitoring mechanisms should ensure that and outline specific measures that will ensure such public resources benefit local citizens that both sexes in affected communities from the impacted communities and not the benefit equally from local content political elite. development initiatives • There is need for NIEEU to act as a strong • NIEEU should also consider setting technical arm of the Ministry of Industry minimum targets for employment of local and Commerce to regularly monitor people directly affected by mining activities. the realisation of the set targets for local The policy should deliberately challenge content development outcomes. Such some of the gender stereotypes which assign reviews would facilitate learning outcomes certain jobs to men and others (usually in the implementation of local content lower paid jobs) to women; and aim for development initiatives. equal pay for equal work and equal levels of employment. Acknowledgements • NIEEU should consider lobbying mining The authors would like to acknowledge Progressio companies to develop preferential who provided financial support to the Zimbabwe procurement policies that are gender Environmental Law Association under the Local sensitive. These policies should set different

48 Putting Women at the Centre of Extractivism An Analysis of the Legal, Institutional and Policy Constraints…

Content Development Project in 2016. Through Legislation this project, an earlier version of this paper was produced by Byron Zamasiya. Mines and Minerals Amendment Bill H.B.19. 2015. Constitution of Zimbabwe Amendment (No. 20) References Act, 2013. Blomström, Magnus and Patricio Meller, (eds) Zimbabwe Investment Centre Act Chapter: 24:16. (1991), ‘Diverging paths: Comparing a century Indigenisation and Economic Empowerment Act of Scandinavian and Latin American economic Chapter 14:33. development’. Inter-American Development Zimbabwe Mining Development Corporation Act Bank, Washington. Chapter 20:08. Hansen, M.W. (2014) ‘From enclave to linkage Minerals Marketing Corporation of Zimbabwe economies? A review of the literature on Chapter 21:04. linkages between extractive multinational corporations and local industry in Africa’. Mines and Minerals Act Chapter 21:05. Danish Institute for International Studies, Precious Stones Act Chapter 21:06. Working Paper 2014:02 Government Documents Melo, A. and A. Rodriguez-Clare (2006) ‘Productive development policies and Government of Zimbabwe (2018) ‘Transitional supporting institutions in Latin America and Stabilisation Programme Reforms Agenda the Caribbean’, Inter-American Development October 2018 – December 2020: Towards Bank working paper number C-106, a Prosperous & Empowered Upper Middle Income Society by 2030’. GOZ, Harare. Oxfam International (2017) ‘From aspiration to reality: Unpacking the African Mining Vision’. Government of Zimbabwe (2018) ‘Mineral Oxfam Briefing Paper, Oxford. Potential Procedures & Requirements of Acquiring Licenses and Permits in terms of Poncian, J. and C. George (2015) ‘Mineral the Mines And Minerals Act (Chapter 21:05): Extraction for Socio-Economic Transformation Unlocking Our Mineral Resource Potential’. of Tanzania: The Need to Move from Papers Ministry of Mines and Mining Development, to Implementation of Mining Policy and Law’. Harare. Journal of Social Science Studies, Vol. 2(2). Sigam, C. and L. Garcia (2013). ‘Human Capacity Online Material Problems in Developing Countries and Local African Union ‘Africa Mining Vision’ available Content Requirements in the Extractive at http://www.africaminingvision.org/ Industries’, Great Insights, Vol. 1: 5, July, amv_resources/AMV/Africa_Mining_Vision_ European Centre for Development Policy English.pdf accessed on 12 January 2019. Management. Agreement on Subsidies and Countervailing Tordo, S., et al. (2013) Local Content Policies in the Measures available at https://www.wto.org/ Oil and Gas Sector. World Bank Publications, english/docs_e/legal_e/24-scm.pdf accessed on Washington. 25 January 2019. Weitzman, M. (1974) ‘Prices vs. quantities,’ Anglo Zimele: Empowering partnership available Review of Economic Studies, Vol. 41:4, October. at https://www.angloamerican.co.za/~/media/ Files/A/Anglo-American-South-Africa/ Annual%20Reports/anglozimele-brochure09. pdf accessed on 25 January 2019.

48 49 Putting Women at the Centre of Extractivism

General Agreement on Tariffs and Trade available at https://www.wto.org/english/docs_e/legal_e/ gatt47.pdf accessed on 25 January 2019. Investing in Zim’s Entrepreneurial Skills available at https://www.zimplats.com/investing-in-zims- entrepreneurial-skills/ accessed on 25 January 2019. Tokafala Botswana available at https://tokafala. co.bw/index.php/who-we-are/about-the- program accessed on 25 January 2019. Trade Related Measures available at https://www. wto.org/english/docs_e/legal_e/18-trims.pdf accessed on 25 January 2019. Zimbabwe Geological Survey Ministry of Mines and Mining Development available at http:// www.mines.gov.zw/?q=zgs-all accessed on 12 January 2019.

50 5

The Social Impact of Artisanal and Small-scale Mining: A Gendered Perspective

Nogget Matope

Abstract the ‘extractive resources dividend’. The study also established that gender inequalities are This chapter offers the premise that sustainable perpetuated in the access, control and benefits use of extractive resources among artisanal and of ASM and women and men have differentiated small-scale mining is possible if it involves both practices in the use of and management of women and men. This is shown here by using extractive resources. The study recommends that the case example of a community in Zimbabwe the government should employ an integrated where artisanal and small-scale mining (ASM) approach that takes into account technical, operations are taking place in Shamva district. indigenous knowledge and gender relations. The study aimed at establishing the social and Key words: binary power relations, social environmental impact of artisanal and small-scale relations. mining. Gender shapes the process of ecological change that ensues in mining operations and the 1. Introduction prospects for sustainable development are also changed. Women are distanced from the wider Women’s experiences and perspectives are often relationship and power nexus. The study sought overlooked and little research focuses on the to explore the experiences and understanding of impacts of mining on women (Jenkins, 2014). women in ASM operations. It employed visual To advance the argument further Jenkins (2014: participatory methodologies which are premised 331) argues that ‘women should be recognised on the critical qualitative paradigm. Data were as important actors in communities affected by generated through focus group discussions. Ten mining’. Women’s space is constricted by gender purposively selected women were used in the socialisation processes. This shapes women’s study. The study established that for there to be behaviour, responsibilities and participation viable livelihoods and prospects for sustainable in the extractive resources in Zimbabwe. In development the distinctive interests, roles, Zimbabwe women are treated as an inferior responsibilities and indigenous knowledge species in all spheres of life (Fielding-Miller, of women and men have to be understood in Dunkle, Hadley, Cooper and Windle, 2017). The

51 51 Putting Women at the Centre of Extractivism country’s dominant discourse of privilege and participants were at the centre of the study as respect (Nxumalo, Okeke and Mammen, 2014) their experiences, views and voices contributed ensures that the hierarchical gendered order to defining their lived realities in ASM. African is maintained and perpetuated. The chapter is feminism also informs the study as it interrogates premised on the notion that raising consciousness the negotiation for voice and recognition. It is about the plight of women in ASM could offer a a feminism that is rooted on the history, social basis to promote reform and change. The aim and economic condition of the African woman. of this study was to contribute to the discussion It recognises the diversity of the various forms of on the possible reasons for women’s invisibility gender oppression in the various domains of life. in the extractive resources sector of the country. It challenges men to be aware of certain salient Through the use of empirically and contextually aspects of women’s subjugation which differ from grounded evidence possible inclusion and the generalised oppression of all African people. visibility of women in the sector can be enhanced. It is a feminism that stands for voice, personal Using the community in Shamva, the study seeks integrity and recognition of women’s productive to unpack the challenges faced by women in ASM and reproductive labor (Shaw, 2007: 14) and through their voices. To pursue the issue further, creates knowledge that would facilitate innovative research questions which guided the study were: and transformative social change (Tamale, 2011). • What are women’s experiences and 3. Background and Statement understanding of artisanal and small-scale of the Problem mining in Zimbabwe? • How do women position themselves and This chapter is premised by a feminist approach how are they positioned in artisanal and to addressing issues affecting women in mining. small-scale mining? Artisanal and small-scale mining (ASM) refers • What do women view as critical steps to to ‘low tech, labour intensive mineral extraction increase their visibility in artisanal and and processing found across the developing small-scale mining? world’ (Jenkins, 2014: 329) and is characterised by ‘low levels of environmental, health and This chapter begins with a brief introduction safety awareness’ (Hilson, 2002: 4). ASM in sub- which introduces the reader to the research Saharan Africa is viewed as a ‘poverty alleviation’ problem. It then goes to briefly explain the activity (Spiegel, Keane, Metcalf and Veiga, 2014). theoretical underpinnings of the study and This resonates with the explanations posited by literature related to it is reviewed. The research Lahiri-Dutt, (2015: 41) that in artisanal mining, design and methodology of the study is proffered. ‘traditional practices such as panning, in shafts, The findings yielded follow and discussion of small mines may also mean deep underground results and recommendations based on the study but unmechanised operations’. It is estimated that are presented. 25 million people in the Global South covering 2. Theoretical Framing of the 70 countries, Zimbabwe included, are involved Study in artisanal mining (Hrushka and Echavarria, 2011). Women’s involvement in this sector is Social constructivism and the feminist quite marked, in Guinea 75% of the workforce in perspective underpinned the study. The former small-scale mining are women and in Zimbabwe views gender as ‘created and recreated out of and Mali, women make 50% of the workforce human interactions, out of social life and it is the (Hilson, 2002). Despite these percentages, texture and order of that social life’, (Lorber, 1994: women are almost invisible in ASM (Orozco and 54). The theory was adopted because the women Zevallos, 2013). In addition, the data on women’s

52 The Social Impact of Artisanal and Small-scale Mining: A Gendered Perspective

participation mainly take into account the observations made that women may engage in organised forms of work and fail to fully reveal mining activities because of loss or displacement the extent of women’s economic contributions from agricultural land or drought (Hinton et al., (Lahiri-Dutt, 2015: 44). As a result, there is 2003). In a related argument, Lahiri-Dutt, 2015: need for a gender perspective to interrogate 528) posits that mineral extraction has diversified the dynamics of the extractive industry. Of the into activities ranging from individual digging, foregoing, Lahiri-Dutt, (2015: 41) cites Mahgadan, panning and processing of minerals in family 1999) posits that, ‘the differential positions of production units or co-operatives through small- women and men in these sectors reflect the social scale mechanical productions. Some women may relations of gender and are perpetuated by gender participate in this sector seasonally or during ideologies’. economic hardships (Lahiri-Dutt, 2008). Some Women generally do not actively participate in end up with multiple productive roles and this underground mining but are actively engaged in overburdens them. As heads of households, some all other processes such as mineral processing and women venture into mining to secure an income transportation, the repetitive, labour intensive, for the family. Women may be involved as owners arduous task of manually crushing, grinding, of mines and mining equipment and act as mining sorting and milling. They also use mercury which dealers, albeit on a small-scale basis (Werthmann, is toxic to concentrate the gold (Hinton et al., 2003). 2009, Caballero, 2006). Studies have shown how Most artisanal gold miners depend on mercury women’s contribution is often overlooked mainly use for gold extraction since amalgamation is the because their labour is unrecognised (Lahiri-Dutt, cheapest and simplest extraction method (Speigel 2008) and they may not get paid but their earnings and Veiga, 2010). Zimbabwe is a signatory to are counted as part of the husband’s wage (see Minamata Convention on mercury (2013) which Tallichet et al., 2013, Hinton et al., 2003). became effective in 2017 and part of the Global Women maybe disadvantaged due to lack of Mercury Project (a UN initiative) aimed at literacy skills or traditional cultural norms on removing barriers to adoption of cleaner mining appropriate behavior for women (Bhanumathi, practices. The women extract mineral remnants 2009). Trade unions in mines often exclude women by hand such as washing and panning mud and this means their interests and concerns are and sand for small particles (Van Hoecke, 2006, not recognised; as a result, women in mining Orozco, 2013). In Mali and Burkina Faso, 90% of organisations can provide a response to this missing these activities are undertaken by women (Hinton link (Lahiri-Dutt, 2010). Bubi Small Scale Miners et al., 2003). However, these activities have the Association and Women Miners Association lowest economic returns (Jenkins, 2014). Women’s represent two of such women’s organisations in triple gender roles may involve bringing babies to Zimbabwe. The former is an association of small the mining site (Hinton et al., 2003). This exposes scale women miners in Bubi district and the latter the children to the hazardous toxic materials that is sponsored by the Ministry of Women’s Affairs, are used and also socialises them to join mining Gender and Community Development. These can activities from a young age. Childbearing women also offer support, training, advocacy and lobbying are vulnerable to the effects of methyl-mercury (Efitimie, 2009). In these groupings the women exposure (Hinton et al., 2003) miscarriages, still can pool their resources and savings together and birth, deformities among other effects. support each other in times of crisis or gender- Women’s participation in artisanal and small- based violence. In Tanzania, Fisher observes that scale mining can affect their other activities such ‘not all women are poor by any means; some have as agricultural production and food security become wealthy from providing financial backing (Hinton et al., 2006). This resonates with mining operations or running hotels, bars and

52 53 Putting Women at the Centre of Extractivism shops’ (Fisher, 2007: 75). In a related argument, most arduous tasks of the informal sector which Jenkins (2014: 334) opines that ‘stereotypical ideas are unregulated. The ILO laws on underground about mining as men’s work’ continue to dominate working is a case in point: it perceives in most contexts making women’s contributions underground mining to be a hazard to women; to the sector largely invisible and creating barriers but women ferrying 30 kilos or less to transport to their full participation’. Cultural beliefs such minerals on their heads is not an issue (Lahiri- as the idea that menstruating women bring bad Dutt, 2008). Bhatasara (2013) cited in Spiegel et al. luck to mines (Tallichet et al., 2003, Lahiri-Dutt, (2014: 20) advances the argument in that artisanal 2011a) should be interrogated and contested as miners often compete with larger companies for such beliefs contribute to the further exclusion the same mineral rights and are often ostracised of women. This resonates with the observations due to national mining policies of some rural made by Bryceson et al. (2013: 38) that ‘the district development priorities. This excludes masculinity associated with work in mining has local communities and women are affected the led to various myths around entry of women in most. The Zimbabwe Rural Women’s Assembly mines that are propagated to prove the unfitness was launched in 2013 to bring visibility and voice of women’. These myths are supported by laws that to women’s demands and interests in the mining restrict women’s work in mines (ibid). As a result sector. The assembly has argued that conventional many women are in lower, manual, unsafe and banking models fail to meet the needs and realities insecure jobs. of women miners. They advocate for mechanisms In Zimbabwe traditional land ownership that are inclusive and responsive to their needs. and the social system deprives women control Part 5A of the Sustainable Development Goals of mining pits and some access the extractive (SDG) adopted in 2015, promotes equal rights resource through patriarchy. The implication to economic resources, property ownership and is that patriarchal privilege favours men and financial services. This means the Zimbabwean disadvantages women in the public and private government must take heed and ensure that domains. Of this Amutabi and Lutta Mukwebi policies and legislation in mining promote gender in Lahiri-Dutt, (2008: 227) posit that women’s equality and equity. ‘social status in the production process is low’. The study was undertaken to explore the In addition, lack of rights over resources reduces experiences of a few women in ASM, what their women to a weak bargaining position (Argalrwal, understanding and meaning of ASM is as well 2002 cited in Lahiri-Dutt, 2015: 45). Women are as how they have empowered themselves to disenfranchised as a result. This resonates with participate in the male dominated arena. the argument posited by Amutabi et al. (2001: 4. Research Methodology and 5) in relation to Kenya, that ‘women have access to, but do not control land. This does not make Design it possible for women to have full control over The study adopted a qualitative feminist thrust mining activities effectively.’ These arguments can and it gives an in-depth understanding of the be attributed to Zimbabwe as well. Women are phenomena under exploration, namely how often disadvantaged by existing mining licensing women are made invisible in ASM. The study is a policies, so they usually mine without licenses, narrative inquiry. It allows for a story or a narrative and a growing body of research, documents how to be told (Kamp, 2004) and is an appropriate women are widely excluded from mining sector way to collect data about lived experiences. In development initiatives in Zimbabwe (Murungu, encouraging participants to share their stories on 2013). Lahiri-Dutt (2011a) posits that laws lived experiences, Clandinin and Connelly (2006) disadvantage women by confining them to the identified living, telling, retelling and reliving as

54 The Social Impact of Artisanal and Small-scale Mining: A Gendered Perspective

the processes which take place. In this study, the and collateral to access loans. What their roles women participants were involved in retelling are, challenges in the sector, their vision of their their stories on their understanding and lived community and how they envisioned the future experiences of ASM. Feminist researchers adopt of the community. The focus group interview was approaches which emphasise the importance of conducted on site. listening to, recording and understanding the Closely linked to critical research, the descriptions and narratives of women’s own lives. participants were aware that the researcher was This resonates with what Afshar and Maynard engaging with them in the research process to (2000) have pointed out that feminists adopt offer or provide critical engagement, perspective approaches that emphasise (auto) biography, and understanding that through socio-cultural narrative, life and oral history among other and structural understandings, it is feasible to qualitative techniques. In the current study, focus empower lives and motivate others to change group discussions are the qualitative techniques (Kidd and Kral, 2005). Additionally, the inquiry that were adopted. process helped the participants to be self-reflective. This study adopted focus group discussions to Commenting on reflexivity, Delanty (2005:120) is explore the experiences of ten purposively selected of the view that the ‘self-transformative capacity women. Of the participants six were below 30 years involving the use of knowledge to generate further of age while two were between 30 and 39 and two knowledge’ is a key element in self-reflection. were between 40 and 49 years old. Focus group The participants also had a say and agency as discussions serve to explore and validate women’s they relived and retold their experiences and everyday experiences of subjugation and their engagement in artisanal and small-scale mining. individual and collective survival and resistance This allowed the participants to have some control strategies (Madriz, 2000). As with qualitative over the process. This resonates with critical feminist research, the thrust was to privilege the theory which views knowledge critically. women’s voices in the identification of issues and Axiology relates to ethical considerations of measures to address them rather than the usual our own viewpoints (Dillon and Walsh, 2006). experts (Moletsane, Mitchell, de Lange, Stuart, The axiological assumption of this study is that Buthelezi, and Taylor, 2009) who give voice to women in ASM need to be visibilised and that the women’s lived experiences. they should be recognised as active participants. During the focus group discussions, the women This is an indication of the injustices in society were asked about their understanding, experiences which are caused by ecological, socio-cultural and and how they positioned themselves as women in individual factors. The participatory approach and ASM. A further dimension that was explored was transformative intent of the study is enhanced as the steps that could be taken to increase women’s it contributes towards the debate on women in visibility in mining. The focus group discussions mining in Zimbabwe. were conducted in English but Shona was also Ethical considerations that were observed used. In narrative inquiry, stories emerge as the include meeting with the gate-keepers in the participants dialogue with the researcher. The community to seek entry. Issues of confidentiality, researcher explained to the women the objective anonymity, privacy and voluntary participation and nature of the research so that they could were considered. Pseudonyms were adopted decide whether to take part or withdraw from the for the participants. The researcher removed research (Fisher and Anushiko, 2004). The focus identifiers so that participants’ identities were group discussions focused on women’s experiences protected when communicating the findings. The of involvement, access to and control over mineral participants also voluntarily agreed to allow the resources, economic empowerment, ownership researcher to use their narratives that are a result

54 55 Putting Women at the Centre of Extractivism of their participation in the study. All data was produce particular spaces. The qualitative transcribed and patterns and themes were derived data gleaned from the focus group discussions inductively (Creswell, 2014). The transcribed data provide a dimension to women’s understanding was taken back to the participants to verify and and experiences in ASM and how the extractive clarify particular issues raised. Emerging themes resources are gendered. The narratives below were identified which related to the women’s reflect how discourses of domination, command involvement in ASM. During the inductive the spaces in mining. The participants are engaged analysis, the data were organised, encoded and in repetitive tasks and they are excluded in major categorised thematically. These categories formed mining operations and decisions. broad themes which were consistent with the I feel it is easier to be involved in mining because research questions. efforts have been made to include women in 5. Findings and Discussions mining. However, challenges still exist as taboos and stereotypes surround mining operations as The positioning of women in ASM is that of active it is largely viewed as a male preserve. I own a agents who can subvert dominant constructions mining claim but sometimes I have to involve of femininity. The experiences and understanding my son on issues that take place at the pit. For of women in ASM are critical in sustainable example, at some of the sites of ASMs, the untold development as well as understanding the power rule is that women should not be found there. nexus and changes in mining operations. The key findings in the study are discussed below. To ASM is an arduous task and I cannot go into elicit narratives from the women, the researcher the pit for cultural reasons. I am young and employed life story interview techniques as deemed unclean and can bring bad luck because suggested by Guerrero and Brenner, (2013: 443) I menstruate. who used open-ended questions and ‘photo- elicitation strategies’ to allow participants to tell Women operate on the periphery as I help my their own stories. husband by crushing, grinding and sorting the Several factors were identified by the gold. He takes it to the mill and the buyer. women as inhibiting them from fully As women we generally use our nimble hands to participating in mining operations but their extract mineral remnants by washing, panning involvement is also tacitly recognised by the mud and sand for the small particles of gold. various stakeholders. I am still of child-bearing age and I want to have 5.1 What are women’s experiences more babies. One of the doctors I consulted when and understanding of artisanal and I fell sick talked about how mercury is toxic. I use small-scale mining? mercury all the time when we are concentrating In exploring how participants understood and the gold. Of late I am afraid of the effects. experienced ASM, the study revealed how The discussions also show how ASM is women often encounter different forms of gender characterised by ‘low levels of environmental, oppression, marginalisation and vulnerability. health and safety awareness’ (Hilson, 2002: 4). This The participants’ narratives offer rich insights into resonates with the fears that one of the participants their struggles to be visible in the exclusionary has on the use of methylmercury which is deemed extractive resources dividend. The participants toxic. The women use the mercury as it offers recounted how social relations shape and the cheapest and simplest extraction method. condition mining spaces as patriarchal. McGregor However, the thrust globally has been to adopt (2004) argued that social relations shape and more environmentally friendly mining practices.

56 The Social Impact of Artisanal and Small-scale Mining: A Gendered Perspective

From the focus discussions, this is an area that is in ASM, buyers and other service providers. The still contested as the levels of awareness on good silences around the spaces and the meanings environmental practices are low. generated allow the silence to continue producing Poverty affects women and children more and reproducing discriminatory practices which than it does men and this gives men an edge over sustain unequal power relations and gender women and makes women vulnerable. Several oppression. studies explain how women are affected variously It’s difficult to get an operating license as one has by poverty. ASM in sub-Saharan Africa is viewed to visit several offices. I do not have a mining as a ‘poverty alleviation’ activity (Spiegel, Keane, license. I am being assisted by a relative to Metcalf and Veiga, 2014). The participants engage process the papers. I own a mining claim and it is in mining because of the economic challenges that doing quite well. were affecting them and deem ASM as a source of income. I own a detector that I hire out and I get paid for its use. I do not own a mining claim. Mining is a good source of money as I get enough to look after my family. My husband and I buy gold from the miners. We are gold dealers. We also finance mining I wash and pan the mud for the men. I carry the operations and we get paid in gold. We supply load on my head to the water to wash and sift them with the mining equipment and other the particles. I make several trips and I get paid supplies. It is a lucrative business venture. I on how much I would have brought to the man attended a mining workshop and realised that who may be extracting the mineral from the mud I could actually do what we do jointly with my and sand. husband on a full-time basis. My husband is From the study women’s economic dependency employed full-time in Harare and I only come on men leave them with little agency to stand up to to the mining area when he is available. We men even if they suffer abuse. Cultural and societal often ask one of the miners to travel to Harare to expectations and norms create an environment collect supplies. where gender-based violence may be a norm. One of the participants made the following remarks on I do not own a mining claim but would like to the existence of this practice. own one. I run a stall where I prepare meals for sell as well as opaque beer, soft drinks, cigarettes, My involvement in mining has made me clothes and other wares. It’s a competitive vulnerable to abuse. One of my clients threatened business but I have been able to establish a loyal me when I asked for payment for the food he clientele base. had consumed at my food stall. He had meals everyday with the promise he would pay but My husband passed on and his relatives instead of paying he wanted to hit me. wanted to take the mine. I thank God for His intervention as I was able to get assistance. Many 5.2 How do women position women lose their mining claims to relatives or themselves and are positioned in other men. artisanal small-scale mining? From the above discussions, it seems women’s Through their narratives the participantscontributions in mining operations remain largely negotiate space, looking at who they are, how they invisible and this creates barriers to their full position themselves and how they are positioned participation and visibility (Jenkins, 2014). Of the by other players in mining. This includes the ten participants only one owned a mining claim government, the ministry of mines, other miners in her name, another jointly owned the claim as a

56 57 Putting Women at the Centre of Extractivism family and three of the women were selling various stereotypes about displacement conditions and wares at the site where the mineral is milled. The the places where they live. This means that women other woman is a gold buyer, a venture she shares were able to look back, confront and create new with her husband; one invested in a detector images that portrayed the complexity of their which is used to detect where the deposits of gold lives. The participants challenged dominant could be. She hires the equipment. The last three discourses on their conditions and created spaces women generally engage in the arduous work of for personal and community change. transporting, washing sand and mud, sorting, Organisations that cater for women in ASM panning, grinding, crushing and milling the should offer us training and guidance on the particles of gold. These observations bring this processes that one should follow to access loans, question on how the patriarchal system in ASM for example. We lack capital and collateral to allows discriminatory practices to be entrenched operate in ASM. More women should be in this and perpetuated. As a result, many women are in sector. lower, unsafe and insecure jobs and positions in the mining sector. We need safer methods of concentrating the gold, as mercury is dangerous. I learnt that in this 5.3 What do women view as critical group discussion. Such discussions are helpful. steps to increase their visibility in We do not have protective covering for our hands artisanal small-scale mining? and we use our hands and heads to carry heavy In analysing how the women participants engage burdens. I think that affects our health. I cough in ASM an emergent theme was that of agency blood sometimes. and resilience within the gendered spaces of The issuing of licenses (mining permits) should mining. The participants show determination be transparent and accessible to both women and resolve as they participate in ASM, they have and men. The paperwork that is involved is agency. Ramirez (2007) views individuals who cumbersome and sometimes one gives up as it take initiatives and can make a difference in their may be frustrating to be told, you did not bring lived realities in spite of the challenges they have such and such or go to that office. A one-stop to grapple with as ‘resilient’. These women were approach would help where the papers are problem-solvers an indicator of resilience. processed. The stories and depictions the participants created are powerful avenues for educating the From the above excerpts, there should be local, national and other communities about the support, advocacy, lobbying and training for experiences of women in ASM. The voices of the women as posited by (Efitimie, 2009). Some of the women were heard through the narratives. The issues identified include the challenges emanating women also became agents and were actively from inheritance issues and ownership of mining involved in making the community aware of how claims. Most men who have the perception that exclusion impacts on women as subjects and not the mining sector is a male preserve should objects. understand the gendered dynamics of extractive The depictions and narratives allowed the mining of resources and that women should be participants to articulate issues on behalf of involved too. It was also established from the the community and the silences surrounding study that women lack collateral security to secure exclusion are challenged by the women’s voices bank loans and loans channeled towards the ASM and perspectives on the issue. In a study by sector. The women are also exposed to gender- Gurrero and Tinkler (2010) a photo-narrative based violence perpetrated by male mine workers gave an opportunity for participants to challenge and corrupt government officials. The participants

58 The Social Impact of Artisanal and Small-scale Mining: A Gendered Perspective

cite corruption in the awarding of mining licenses 6. Conclusions and and titles. They also point to the burden of multiple Recommendations permits and envision engaging the Ministry of Mines and police on issues affecting women. The This study sought to explore the understanding women cite degradation of the environment as a and experiences of women affected by cause of concern. From the discussions, it is clear displacement and exclusion in mining extractives. that ASM is crucial for rural economies that are It can be stated that women are agents of their susceptible to climate change risks, drought and lives and they found it empowering to draw and floods. explain textually their position on displacement. Women need unions that specifically recognise This concurs with literature which shows that the roles and contributions made by women in the use of visual methods enables participants ASM. When I carry, sort, crush and grind, my to be reflective on the meanings generated from efforts may appear like I have not worked but I their textual explanations. The researcher and am carrying out that important role in mining. participants generate meanings together. The I should be acknowledged. I do not own a mine study suggests opportunities for further research. claim but I am in mining. My contribution is However, a more extended study could employ important. a more reflexive and collaborative method of analysis, enabling the participants to critique We should initiate changes in mining practices or challenge the themes that were generated. by small-scale miners who degrade the In addition, a larger and broader study could environment. We should reclaim the land, plant be conducted using multiple methods of data trees and fill in the gaping holes. generation on a larger sample. A positive result The women were able to critically reflect on their is that the participants were able to create own circumstance and the research process facilitated narratives and ideas on textual explanations a move from naïve to critical consciousness without the influence of the researcher. (Freire, 1972). The narratives enabled the women References to break the silence concerning their lived realities of displacement, exclusion and engaged them in Athelstan, A. and R. Deller (eds) (2013) ‘Visual a process of self-discovery and transformation Methodologies’. Graduate School of Social Sci- that empowered them to become change ence. Vol. 10: 2. agents within their families and communities. The participants’ narratives also provided an Benya, A. (2010) ‘Women face rock face: what insight into the women’s ignored lived realities. challenges?’ South African Labour Bulletin. 33:5 A notable element of focus group discussion pp. 5-7. within feminist work is voice which creates a Bhanumathi, K. (2009) ‘The status of women critical mass of visible solidarity that seems a affected by mining in India’ in I. Macdonald necessary step toward social and political change and C. Rowland (eds) Tunnel vision: Women, (Kambrelis and Dimitriadis, 2013: 27). New Mining and Communities. https://www. insights and understanding for the researcher oxfam.org.au/wp-content/uploads/2011/11/ and the participants were constructed. Dialogue OAus-TunnelVisionWomenMining-1102.pdf which exposed issues of injustice, inequality, and Accessed 4 April 2019. exploitation was promoted and this may lead to Bhatasara, S. (2013) ‘Black granite in a boom social change. town: female perspectives on gold-mining in Burkina Faso’. Resources Policy. 34 pp.18-23. Bryne, D. and A. Doyle, (2004) ‘The visual verbal:

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the interaction of images and discussion in Guerrero, A. L. and T. Tinkler (2010) ‘Refugee exploring cultural change’ in C. Knowles and Displaced Youth Negotiating Imagined and P. Sweetman (eds). Picturing the Social and Lived Identities Photography-based Landscape: Visual Methods and the Sociological Educational Project in the US and Colombia’ Imagination. Routledge. London. Anthropology of Education Quarterly, 41, pp.51 Caballero, E. (2006) ‘Traditional small-scale -74. miners: women miners of the Philippines in Hinton, J.J., B.E. Hinton, and M.M. Veiga (2006) Lahiri-Dutt and M. Macintyre (eds) Women ‘Women in Artisanal and small-scale mining Miners in Developing Countries: Pit women in Africa’ in K. Lahiri-Dutt and M. Macintyre and others. Ashgate Publishing, Aldeshot. pp. (eds). Women Miners in Developing Countries: 145-162. Pit Women and Others. Ashgate Publishing, Cameron, D., E. Frazer, P. Harvey, B. Rampton Aldershot, pp.209-226. and K. Richardson (1993) ‘Ethics, Advocacy Hrushka, F. and C. Echavarria (2011) ‘Rock solid and Empowerment: Issues of Methods chances for responsible artisanal mining’. Alli- in Researching Language’. Language and ance for Responsible Mining. Communication. 13:2 pp. 81-94. Jenkins, K. (2014) ‘Women mining and Clandinin, D.J. and F.M. Connelly (2006) development: an emerging research agenda’. Narrative Enquiry: Experience and Story in The Extractive Industries and Society, 1:2 pp. Qualitative Research. Jossey-Bass Publishers, 329-339. San Francisco. Kidd, A. and J.M. Kral (2005) ‘Practicing Creswell, W. (2014) Research Design: Qualitative, Participatory Action Research’ Journal of Quantitative and Mixed Methods Approaches Counselling Psychology, 52:2, pp.187-195. (4th ed.). Sage Publications, Thousand Oaks. Lahiri-Dutt, K. (2008) ‘Digging to survive: Dillon, J and A.E.J. Walsh, (2006) ‘On the women’s lives in South Asia’s small-scale mines dangers of blurring methods, methodologies and quarries’. South Africa Survey. and ideologies in environmental education Lahiri-Dutt, K. (2010) ‘The Megaproject of research.’ Environmental Education Research. Mining: a Feminist Critique’ in S. Brunn, (ed) 12(4) pp.549-558. Engi-neering Earth. Springer. Fielding-Miller, R., K.L., Dunkle, C. Hadley, H. Lahiri-Dutt, K. (2006) ‘Mainstreaming gender in L.F. Cooper, and M. Windle (2017) ‘Agency as the mines: results from an Indonesian colliery’. a mediator in the pathway from transactional Development in Practice, 16:2, pp.215-221. sex to HIV among pregnant women in Madriz, E. (2000). ‘Focus Groups in Feminist Swaziland: a multi group path analysis.’ Journal Research’ in N. K. Denzin and Y.S. Lincoln, of the International AIDS Society. 20:1 accessed (eds). Handbook of Qualitative Research, Sage http://www.jiasociety.org/index.php/article/ Publications, Thousand Oaks, pp.835- 850. view/21554 5AApril 2019 Merriam, S. B. (2009) Qualitative Research: A Freire, P. (1990) Pedagogy of the Oppressed. Guide to Design and Implementation. Jossey- Penguin Books, London. Bass Publishers, San Francisco. Guerrero, A.B. and M.E. Brennen (2013) ‘The Moletsane, R., C. Mitchell, N. De Lange, J. Stuart, impact of qualitative research on the lives of T. Buthelezi and M. Taylor (2009) ‘What can child participants: possibilities and challenges.’ a woman do with a camera? Turning the Qualitative Research: a Reader in Philosophy, Core female gaze on poverty and HIV and AIDS Concepts and Practice. Vol. 354 pp.439- 458. in rural South Africa’. International Journal of

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Qualitative Studies in Education. Vol. 22:3, pp. 315–331. Nxumalo, K., C. I. O. Okeke, and K. J. Mammen (2014) ‘Cultural Beliefs and Practices towards HIV/AIDS amongst High School Learners in Swaziland’. Ethno Med. 8:2:, pp.135-146.

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6

Challenging Masculinities? The Experiences of Women in Artisanal Gold Mining: Insights from Shurugwi Female Gold Panners

Edson Chiwenga

Abstract The researcher used Bourdieu’s field and habitus concepts in order to understand and explain the This study examines artisanal gold mining as an experiences and the nature of responses to the economic and livelihood strategy that was long challenges bedeviling female gold panners in dominated by unemployed men in Shurugwi, Shurugwi. but which is now increasingly being joined by women. It focuses on their experiences in Key words; artisanal mining, livelihoods, this field, revealing the gendered nature of the structures, capital, field and habitus. experiences of artisanal miners. To meet the objectives of the study, the researcher settled on a 1. Introduction and qualitative research methodology and employed Background to the study unstructured interviews, focus group discussions, key informant interviews and transects walks. It is indisputable that there is a continuous The findings made herein show that inasmuch as decline in fixed gender roles, resulting from the the experiences of female gold panners expresses levels of women empowerment, gender equality a number of challenges due to the masculine and equity programmes across the world. These nature of gold panning, they survive, and should changes clearly portray that gender is a social not, therefore, be viewed as passive recipients of construct and not a static phenomenon. This is the dictates of the artisanal mining field. Female evident in gender relations and socially defined artisanal miners are deploying their habitus masculine and feminine roles. Men and women to survive in the field of artisanal mining, and in Zimbabwe and across the world are inverting thereby dictating the everyday activities the field. socially acceptable occupations and domains This paper argues that female artisanal miners for different genders. These gender role changes utilised various forms of capital. Therefore, they are attributed to a number of factors which should be understood as rational actors (female include gender and empowerment programmes, gold panners) who can strategically deal with globalization and economic factors. For example, their vulnerability in the artisanal mining field. in Zimbabwe economic calamities that have

62 Putting Women at the Centre of Extractivism Challenging Masculinities? The Experiences of Women in Artisanal Gold Mining

manifested since the early 1990s after the adoption the development of the mining industry has of Economic Structural Adjustment Programmes given women a marginal space due to the labour (ESAP) and ongoing women enlightenment and intensity and risky nature of the activities in the empowerment programmes have a stake in the sector. (Moyo, 2012). For example, the migrant alterations of gender relations in all spheres. The labour system in most mineral-rich countries prolonged economic downturn has resulted in employed males and introduced regulations that not only women occupying masculine domains, restricted families from living together at the but men assuming roles which were for a mines. The notorious hostel system in South Africa long time known as women’s domains such as is one example of a structure that enhanced the vending and cross border trading (Muzvidziwa, marginalisation of women in the mining sector. 2015). The shrinking employment opportunities Women remained in the rural areas and worked in Zimbabwe led many people to resort to on the land as a deliberate ploy by the colonialists informal economic activities (Nyamwanza, 2010; to keep mine wages low (Moyo, 2012). Women, it Gukurume 2015).The promising recognition of can be argued, subsidised mining companies and artisanal mining attracted a number of people. were, in turn, exploited through the use of their Regardless of the masculine nature of the unpaid labour in subsistence agriculture, which occupation, there is an increase in the number of in its turn subsidised mining operations. Even women engaging in this field (Dreschler, 2002). though the migrant labour system was dismantled Artisanal mining refers to small-scale mining with the attainment of political independence, the by individuals, groups, families or co-operatives mining sector is still gendered in Africa (Viega, with minimal or no mechanisation, often in the 1997). The patriarchal nature of society and the informal/illegal sector of the market (Hentschel, masculine nature of mining activities partnering Hruschka and Priester, 2003). It is individual or with colonial policies of discrimination against collective extractive work which is characterised women made it difficult for the latter to venture by small-scale, unregulated, under-capitalised into mining at all scales. The pre-colonial division and under-equipped operations, where minerals of labour also gave women a backstage in mining are extracted from uncertain reserves (Dreschler, (Moyo, 2012). Finally, women had less access 2002; Hentschel, Hruschka and Priester, 2003). to education and training and did not have the Regardless of the fact that small-scale mining can skills required in the mines. This brief overview lead to the unsustainable use of non-renewable explains how women were sidelined from large- resources and has negative effects on human and scale mining. environmental well-being, it can empower and However, the rate of women’s assimilation into be a livelihood option for marginalised groups by small-scale mining has been witnessed at a faster virtue of its low investment costs and short lead pace than in large-scale mining. About 30% of the time from discovery to production (Shoko, 2004). artisanal miners in the world are women and the It is also important to note that artisanal mining majority are in Africa, Asia and Latin America usually produces minerals from deposits that are (Hinton, Veiga, and Beinhoff, 2003; ILO, 1999; uneconomic on a large scale but the activity is very Amankwah and Anim-Sackey 2003). Most women important for livelihood diversity especially in the in artisanal mining are concentrated in areas near mineral rich rural areas of developing countries. their homes and in most cases, they are involved Women have always lagged behind in relation in mining to complement their agrarian activities to professional involvement and participation in (Shoko, 2004). Artisanal mining communities the mining and other economic sectors. This is are diverse, dynamic and distinct and they vary also the case with small-scale and artisanal mining with culture, space and time (Hinton, Veiga, and and a number of factors explain this. Traditionally, Beinhoff, 2003). Women in these communities are

62 63 Putting Women at the Centre of Extractivism also unique and play different roles. They provide income spent locally to supplement agriculture. labour as panners, ore carriers and processors, Moreover, in developing countries, women form providers of goods and services such as cooking, the majority in rural areas where both agriculture shop keeping, and sex work (Hinton, Veiga, and and small-scale artisanal mining provide the main Beinhoff, 2003). In rare cases, women are mine means to earn a living (Hinton, 2009). owners, buying agents, and equipment owners Artisanal gold mining is therefore at rife due (Mugedeza, 1996; Amankwah and Anim-Sackey to limited employment opportunities and is a 2003). livelihood activity for poor people seeking to It is essential to note that artisanal mining has escape poverty or to diversify their livelihoods been of significance in absorbing unemployed (Hinton, Veiga, and Beinhoff, 2003). In this rural and marginalised groups across the regard, women are joining artisanal mining to globe and gold mining is one of the important improve their lives. Traditionally, women in livelihood strategies in many developing countries artisanal mining communities engage in activities (Kitula, 2006), and especially in rural sub-Saharan that were different from those of men. There is, countries (Andriamasinoro and Angel, 2012).The however, continuous change in the roles played introduction of Neoliberal Structural Adjustment by women and these bring with them different Policies as well as recurrent of droughts in the advantages and a unique set of risks for women SADC region increased the number of people (Hinton, Viega and Viega, 2012). Women are, engaging in alluvial gold panning (Shoko, 2004). nonetheless, often ignored by development Economic turn down in Zimbabwe which can initiatives and programmes directed at improving be attributed to poor governance, the adoption and transforming artisanal mining; for example, of SAPs in the early 1990s, poorly executed land there are very few women who acquired mining reform and economic sanctions led to an increase claims from the indigenisation programme in of female-headed households as a significant Zimbabwe (Moyo, 2012). Regardless of the diverse number of men migrated to other countries and important roles undertaken by women in in search of greener pastures and this exposed artisanal mining, very little research has been women to masculine activities in order to feed done to document the experiences of women in families (Tevera, 1999). The new millennium artisanal mining although the numbers of women marked a gradual and notable increase in the engaging in artisanal mining have increased. number of female artisanal miners particularly Thus, there is a paucity of information on how in developing countries of Africa, Asia and Latin artisanal mining is impacting the lives of women, America (MMSD, 2001). However, the masculine economically, socially and physically, as well as nature of artisanal mining results in women having how their experiences differ from those of men. different experiences to their male counterparts’. 2. Statement of the Problem Gender equity in artisanal mining is good for business and development as it brings There is an increase in the number of women sustainability and proper tricking down of engaging in artisanal mining due to the the benefits which accrue to artisanal mining. constraining economic environment in Zimbabwe Internationally, governments, mining companies, and these women face a plethora of challenges. civil society organisations, and mining Males in artisanal mining face difficulties due communities are increasingly recognising the to its labour intensive nature and the harsh livelihood importance of artisanal mining and general working environment (Chiwenga, 2016). its potential to spearhead local development Regardless of the challenges which are faced by (Spiegel, 2015). It is increasingly contributing to men who are traditionally believed to be stronger gross domestic product with artisanal miners’ than women especially in such labour intense and

64 Putting Women at the Centre of Extractivism Challenging Masculinities? The Experiences of Women in Artisanal Gold Mining

risky domains women are increasingly venturing kinds of capitals (economic, cultural, social, and into artisanal mining. By venturing into artisanal symbolic) are employed and deployed. However, mining, women are challenging masculinities it is the field of power (of politics) that is of the and ignoring all the constraints in this economic utmost importance; the hierarchy of power activity. Women’s experiences in artisanal mining relationships within the political field serves to are unique due to the masculine nature of structure all the other fields. This thereby creates artisanal gold mining. There are opportunities, a tense environment for female artisanal miners challenges and complexities which are being and impedes them from accruing the actual presented to women in artisanal mining due to benefits due to power relations which are found the nature of activities in artisanal mining. It is in the field of artisanal mining. To cope with the therefore the essence of this research to explore challenges they face women deploy and employ these experiences of women in artisanal mining different kinds of capital which is rooted in their and to investigate how women adopt and adapt to habitus. The habitus reflects objective divisions in the masculine environment in artisanal mining. the class structure, such as age groups, genders, and social classes (Ritzer, 2008). Habitus means 3. Objectives ‘systems of durable, transportable dispositions, The study sought to investigate gender relations structured structures predisposed to function as and explore the gendered nature of experiences structuring structures’ (Bourdieu, 1980, 53). In in artisanal gold mining. It also analysed how simple terms these are ‘habits’ acquired from women survive regardless of the constraints in professions and social situations that enable actors artisanal mining. to influence, and interact with the processes, tools and resources in a given structure. A habitus is 4. Theoretical Framework acquired as a result of long-term occupation of a This study used Pierre Bourdieu’s theory of power position within the social world and women have and practise more specifically his concepts of occupied an inferior position for a long time in capital, field and habitus. This theory helps us to artisanal mining. Thus habitus varies depending understand the relationships in artisanal mining on the nature of one’s position in that world and and how those relationships shape the experiences those who occupy the same position tend to have by women artisanal miners. Bourdieu saw the similar habitus. In this case, women artisanal field as an arena of battle, ‘The field is a field of miners have a similar habitus which is enhancing struggles’ (Bourdieu and Wacquant, 1992,101). It unity in their counter-hegemonic struggles in is the structure of the field that both ‘undergirds challenging masculinities and improving their and guides the strategies whereby the occupants of position in artisanal mining. these positions seek, individually or collectively, The positions of various agents in the field are to safeguard or improve their position, and to determined by the amount and relative weight of impose the principle of hierarchisation most the capital they possess (Ritzer, 2008). It is capital favourable to their own products’ (Bourdieu, cited that allows one to control one’s own fate as well as in Wacquant, 1989, 40). In this study, the field is a the fate of others. Women in artisanal mining use field of struggle between women artisanal miners, different capitals to control their fate in the field of masculine structures and the nature of artisanal artisanal mining. Bourdieu usually discussed four mining. Women are employing and deploying types of capital; economic capital, social capital, different strategies to improve their position in symbolic and the ‘popular’ economic capital the field of artisanal mining. Their strategies (Bourdieu, 1994). This idea is, of course, drawn are rooted in their habitus. The field is a type from the economic sphere (Ritzer, 2008), and the of competitive market place in which various meaning of economic capital is obvious. Cultural

64 65 Putting Women at the Centre of Extractivism capital “comprises familiarity with and easy use employed in collecting data from female artisanal of cultural forms institutionalized at the apex of miners in groups and from key informants. society’s cultural hierarchy” (ibid). Social capital These are one to one interviews where the consists of valued social relations between people. interviewer gains a lot from discussing issues Symbolic capital stems from one’s honor and with the interviewee with questions developing prestige. symbolic capital brings symbolic power from the views of respondents but in line with which accounts for the tacit, almost unconscious the topic being studied (de Vos et al 2014). Thus modes of cultural/social domination occurring this researcher was able to explore and probe within the everyday social habits maintained over into issues which needed clarification. Babbie conscious subjects. Those with symbolic power and Mouton (2006) also explain during in-depth has the capacity to exercise symbolic violence unstructured interviews the astute researcher which is gentle, invisible, pervasive violence that is can learn from unspoken words, non-verbal exercised through cognition and misrecognition, cues and from the environment. However, there knowledge and sentiment, often with the is no a data collecting tool which is flawless unwitting consent or complicity of the dominated. and for this reason, the researcher triangulated semi-structured interviews with focus group 5. Research Methodology discussions and transect walks (see Babbie Having realised that the phenomena under and Mouton, 2006) to complement what he study required a methodology that explores understood from the in-depth interviews. the voices, experiences and practices of all the 6.2 Focus group discussions relevant social actors, the researcher settled for a largely qualitative research paradigm due to The researcher also used focus group discussions its capacity to capture the voices, feelings and to interview groups in the field. In most cases values of the research participants within their artisanal miners work in small groups and the own frames of reference or social setting, which researcher capitalised on these. The focus groups was in line with the objectives of the study (see ranged from six to 12 women and the researcher Best, 1993). The flexibility of the methodology conducted five focus group discussions. used enabled the researcher to probe deeply According to de Vos, et al (2014) focus group into the experiences of female artisanal gold discussions are a means to better understanding miners in Shurugwi and to capture the voices of of how people view their situation. The researcher the participants through in-depth unstructured created a conducive environment that encouraged interviews. Qualitative methodology allowed the all people to express their experiences, feelings researcher to employ key informant interviews, and thoughts freely. unstructured interviews, observation, and 6.3 Key Informants interviews transect walks as fundamental data collection techniques. Qualitative inquiry enabled the The researcher also utilised key informant interaction of the researcher and the participants interviews. Such interviews involve those (female gold panners) leading the researcher to respondents with knowledge and personal gain a comprehensive understanding as possible experience of the research area studied (de Vos on the phenomena under study. et al, 2014). In this case, the researcher collected information from senior female artisanal miners ata ollection 6. D C and female claim owners who were identified through ‘snowballing’. Key informants provided 6.1 Semi-structured Interviews information based on their experience in artisanal Semi-structured or in-depth interviews were mining over a long period of time.

66 Putting Women at the Centre of Extractivism Challenging Masculinities? The Experiences of Women in Artisanal Gold Mining

6.4 Transect Walks of the nature of the research and the reasons why he was undertaking it. He further Transect walks as defined by Best (1993) are informed participants that their participation observation and spatial data gathering tools was voluntary and they were allowed to taken around a community to observe people, withdraw from the research whenever they surrounding, resources, environments, etc. The felt inclined to do so. technique was used to observe the environments • in which the artisanal miners operate. This helped • Privacy and confidentiality were also the researcher to identify some of the challenges assured and ensured. Research findings were presented using pseudonyms to ensure that are faced by artisanal miners as well as coping privacy and confidentiality. strategies.

6.5 Sampling techniques 8 Presentation of Findings After considering the footloose nature of In this section the findings are presented artisanal miners and the nature of their activities, thematically with themes drawn from the the researcher settled largely for snowball objectives of the study. sampling, where some mining groups led him to 8.1 Challenges which are faced by others. Snowball sampling is often used to find respondents in covert operations as it is useful women in artisanal gold mining in in the identification of hard-to-reach individuals Shurugwi (de Vos et al, 2014). Snowball technique is used There are a complex range of challenges faced when there is no appropriate knowledge about by women which impede them from realising participants for the intended study (see de Vos the benefits arising from artisanal mining. This et al, 2014). This technique was used in finding section explores these challenges in artisanal gold different mining points, which could not be done mining in Shurugwi. without the assistance of experienced artisanal miners. 8.2 Gender relations in gold panning in Shurugwi. 7 Ethical Considerations The research revealed that the inequitable gender In social research, we may interact with a relations in artisanal gold mining in Shurugwi are complicated or demanding socio-political hindering women from realising the benefits that environment and this can influence our research. accrue from such mining. First, the gold panning Research should therefore be based on mutual environment is highly masculine and women trust, acceptance, co-operation, promises kept face hurdles due to the masculine nature of these and well-accepted conventions and expectations activities. For example, Martha (not her real between all parties involved (Bergely, 2008). name), a female gold panner, told us that there is This researcher observed the following ethical extreme violence in gold panning and women are principles, easy targets of violent acts by male gold panners. ••Observing and respecting gatekeepers in Family break-ups also occur with females the process of the research, The researcher divorcing husbands who try to control money asked permission from the local Chief as well and gold which they get from artisanal mining. It as ward councillors before undertaking his was established that husbands often claim that it research. is not socially acceptable for women to be found ••Informed consent. The researcher informed in artisanal mining. Consequently, most women key informants and people in focus groups in artisanal mining are single. However, there are

66 67 Putting Women at the Centre of Extractivism cases when males and females in artisanal gold worse is the scarcity of women in gold panning mining were working together amicably with which results in more gold panners having sex clear division of labour with women undertaking with a single woman (Focus group Discussion feminine duties like cooking for the men and 3). One of the participants in the focus group fetching water. Tendai (not her real name) a discussion also stated that women are soft targets 26-year-old female artisanal miner stated that for violence in the gold panning areas and they they interacted like brothers and sisters with their are not only victims of sexual violence but also male counterparts. Through transect walks the of physical violence. The latter can occur when researcher observed that the nature of jobs and women panners find gold and do not have a working conditions in artisanal mining were far syndicate of vigilant males to protect them. from being enabling for female gold panners. The multi-sexual relations by gold panners In some cases one was supposed to walk for expose the majority to HIV/AIDS and STIs. Most kilometres carrying heavy bags of soil and stones of the latter are not treated in clinics, as most gold looking for water where they can separate gold panners claim that they know herbs (maguchu) from the soil. to cure them. Gold panners live in the bush and their flimsy shelters are not desirable, particularly 8.3 Sexual harassment and abuse in for women. This increases their chances of women mines being victims of sexual violence since they do not It was also revealed that due to difficult gender have secure shelter. Gold panners often assume relations in artisanal mining, women are victims that women who take up gold panning are free to of sexual violence and abuse, which is more offer sex in exchange for any favours. Finally, we prevalent in remote areas out of easy reach by the learned that not all sexual relations in artisanal police. From discussion with female gold panners mining are a result of rape cases but some women in a focus group it was clear that rape cases work as sex workers on the artisanal mines; this occurred more often in remote mining areas than was said to be increasing the cases of STIs among elsewhere and women usually avoided these areas artisanal miners in Shurugwi. even when they contained more gold. Jossie (not 8.4 Marginalisation of women by her real name), a female gold panner, pointed out that there is high prevalence of sexual, verbal structures that undergirds artisanal and emotional violence in artisanal gold mining. mining She further said that many rape cases occur, but It was noted by the researcher that there are no they usually go unreported because most miners structures which take into account the cultural operate illegally and there are no law enforcement gender relations in artisanal mining. There is no agents in the areas where they operate. Female effective law enforcement to cater for women who gold panners agreed that they had witnessed are victimised sexually and physically. Rather about three cases of rape in the previous year women are marginalised and not given a voice. and only one case was properly prosecuted. It We should also note that very few women was revealed that there are some areas which are benefited from the indigenisation policy. dangerous for women to walk alone. From 20 small-scale mines which were visited It was revealed through a focus group discussion by the researcher, only three were owned by that makororokoza (informal gold panners) take women, though most were beneficiaries of the advantage of the women with whom they work indigenisation policy. Thus the gendered nature of and have sex with them whenever they want to the policy became apparent. do so. These women do not resist as they will be seeking security and favours in return. What is

68 Putting Women at the Centre of Extractivism Challenging Masculinities? The Experiences of Women in Artisanal Gold Mining

8.5 Strategies by female gold panners cooking, fetching water and they work in small in Shurugwi to improve their position cooperatives with men thereby creating a form of specialisation. Some were even and could fight in artisanal mining men. In discussion with Mai Timo (not her real In response to the challenges being faced by name), a female gold panner she stated that men women in artisanal mining, women in Shurugwi and women are both capable of violence. are employing and deploying a number of Some women are very successful in artisanal strategies to counter these challenges. mining and are improving their social positions Women in artisanal mining are victims of from their remittances, and are able to send their sexual violence and as a way of coping, they tend children to school up to O-level. About 5% of to ‘tolerate’ predatory male behaviour in order to the participants pointed out that they managed avoid violence. This portrays the rationality in to escape poverty through artisanal mining. Mai women in artisanal mining as they seek to improve Chido (not her real name) began a tuck-shop their condition. It was pointed out by Maggie (not from the money she earned from gold panning. her real name), a female gold panner, that the Nonetheless most women who are successful in only way to reduce violence in artisanal mining artisanal mining work in syndicates with men. is through the exchange of sexual favours with protection and help in carrying out labour intense 9. Discussion of Findings duties. Women told us that they may have more In this section the findings are discussed in than five boyfriends to cater for their own different line with Bourdieu’s theory of practice, mainly needs in artisanal mining. It was clear from the his concepts of field and habitus, and related discussions with female gold panners that they are literature. not concerned with the spread of STIs, since they Female gold panners are working in a field have unprotected sexual intercourse with all the that is not enabling, but their economic situations men they would be in a relationship with due to force them to stay within it. Artisanal mining is lack of access to reproductive health services in dominated by masculine traditions and structures the areas they will be working in. It also became and women continuously face challenges in clear that women in artisanal mining are more this livelihood strategy which largely masculine like sex workers, since their main duty is to fulfil (labour intense and violent). Ritzer (2008) quotes the sexual needs of men in return for protection, Bourdieu defining the field as, ‘A space in which labour, and money. In cases of rape, women report a game takes place, a field of objective relations to the men who protect them. They may lie or between individuals or institutions who are may exaggerate the violation in order to expose competing for the same stake.’ In artisanal mining the perpetrator to punishment by her ‘protectors’. women are competing with males to improve their By informing on the violation, she also protects livelihoods and realise the benefits which accrue her ownrelationship with her protector, for if he to artisanal mining. Masculine structures which (or they) were to discover that she had betrayed dominate the field of artisanal mining dominate her fidelity to him (or them), she would lose their and perpetuate violence against women. Women protection. are being victimised physically and sexually by We also learned that not all women who dominant male groups in gold panning. The respond to the challenges in artisanal mining by habitus which was acquired by male gold panners the aforementioned means. Some women pointed causes them to employ violence and this culture is out that they find men they can trust and they deployed against women to their disadvantage, as work in groups with those men. They pointed outlined above. In line with this, Machipisa (1997) out that they undertake the female duties like drew our attention to the extreme violence against

68 69 Putting Women at the Centre of Extractivism women in artisanal mining in Tanzania. He pointed dominant masculine occupational culture in out that the development of the Tanzanian Mining the mines. Benya pointed how women position Women Association arose against this backdrop themselves to ensure that they survive in the (ibid). Viega (1997) also revealed how sex workers masculine artisanal mining environment. Which in the field of artisanal mining are victimised and concurs with the findings in this research which left without being paid by artisanal miners in Latin reveals the contests which are inherent due to the America. This spells out a common habitus of increased visibility of women in artisanal mining. artisanal miners that perpetuates violence against On the other hand, we perceived that women women and undermines their efforts to achieve a deploy strategies to cope with the constraining better life by working as artisanal miners. masculinities in artisanal mining, which are There are more cases of divorce among female rooted in their habitus and capitals they possess. artisanal miners who are abandoned by their Women are employing different forms of capital husbands. The latter feel threatened by their to shape and reshape their experiences in the field, wives who have challenged traditional patriarchal which is gender biased. This is helping women concepts of masculinity that allow a husband to strategically position themselves and improve to control his wife. In his study of female cross- their position in the field of artisanal mining. border traders, Dube (2012) discovered that Habitus reflects objective internalised divisions males deploy symbolic violence against women defined by age, gender, class and social position whom they consider too independent. The same (Ritzer, 2008). Women internalised their feminine scenario is being witnessed in Shurugwi by positions in society which were impacted in them female gold panners where their husbands are through socialisation and they are these very using their symbolic power to try and control feminine behaviours and capacities or incapacities and control women and the benefits they get which are dictating their position in artisanal from artisanal mining. This is in some cases mining. Habitus is acquired as a result of long-term resulting in family break-ups, and gender-based occupation of a position within the social world violence in artisanal mining as women may resist and women have occupied an inferior position in the control mechanisms which will be imposed society due to patriarchal structures in society and by men. It is evident that in the field of artisanal this is further impacting on their position in in mining, a hierarchy of power relationships exists artisanal mining. However, female gold panners and serves to structure experiences in the field use erotic capital to lure males to work for them with men enjoying the benefits in acquired from or to accommodate them in artisanal mining. This artisanal mining more than women since they is enhancing their accommodation in artisanal have the symbolic power which is reinforced by mining for example some women have more than the patriarchal values which are maintained in five boyfriends to provide them with security and artisanal mining. Women who challenge these other needs in the field. This is in line with the structures are discriminated against through views of Ruparanganda (2008) who pointed out violence, threats and lack of security as they may that genitals are assets. In artisanal mining it is not find male syndicates to work with. Those used by female gold panners as capital to enhance who survive often do so by submitting to male their positions and to effectively challenge norms, a male hierarchy, male sexual demands, masculinities. Gukurume (2011) refer to this as and by being constrained to male-defined female erotic capital which is a form of capital based on a occupations that service men, such as cooking valued form of sexuality. They employ and deploy and cleaning. Benya (2016) clearly portrayed how erotic capital to cater for the challenges they face the presence of women in mining has served to in artisanal mining. In this research it was pointed transform mining, or to reinforce the historically out that some women use erotic capital to influence

70 Putting Women at the Centre of Extractivism Challenging Masculinities? The Experiences of Women in Artisanal Gold Mining

other men to protect other men. Some women are References becoming successful in artisanal mining due to their capacity of employing erotic capital and to Amankwah, R. K. and C. Anim-Sackey, (2003) work with their male counterparts harmoniously. Strategies for sustainable development of the Risky sexual behaviour appears habitual among small-scale gold and diamond mining industry artisanal miners and female artisanal miners of Ghana. Resources Policy, 29(3-4), 131-140. regardless of the dangers this poses to their health Babbie, E. and Mouton, J. (2007) The Practice of though STIs and HIV and AIDS. Indeed, miners Social Research. Oxford, Oxford University have long been known for transmitting STIs Press. even during the colonial period. Such habitual Bergley, C.M. (2008) Triangulation of behaviour is in line with Bourdieu (1987) who Communication Skills in Qualitative Research. explained that habitus, is a system of acquired Oxford University Press, Oxford. dispositions functioning on the practical level th as categories of perception and assessment or Best, J.W.(1993).Research in Education 7 ed. as classificatory principles as well as being the Allyn and Bacon, Boston. organising principles of action. ZIMSTATS (2010) Benya, A. (2016) Women in Mining, ranked Shurugwi as second to Beitbridge in the Occupational Culture and Gendered Identities prevalence of HIV/AIDS and this can be attributed in the Making. PhD thesis Witwatersrand to activities of artisanal miners.1 University. 10 Conclusion Bourdieu, P. (1987) Outline of a Theory of Practice. Cambridge University Press, This research explored various challenges which Cambridge. are faced by women in their bid to challenge Chiwenga, E. (2016). The quest for an enabling masculinities in artisanal mining in Shurugwi. environment in artisanal mining. Insights Artisanal mining offers an alternative livelihood from Shurugwi gold panners. Research project strategy in Zimbabwe, a country with very high submitted to Great Zimbabwe University. formal unemployment. However, the structures (Unpublished) within artisanal mining are clearly gendered and biased against women. Nonetheless, De Vos A. S. et al. (2014) Research at Grassroots, female artisanal miners in Shurugwi employ For the social science and human service different strategies to counter the constraining professions. Van Schaik Publishers, Pretoria. environment and masculinities in the field of Dreschler, B. 2001. ‘Small-scale mining and artisanal mining which are rooted within their sustainable development within the SADC habitus and capitals. Some women are successful region’, Mining Minerals and Sustainable and they have improved their position through Development, No. 84. SANTREN/ITDG. artisanal mining, but they are few in number. Gukurume, S.( 2015) ‘Livelihood resilience in a Artisanal gold mining is certainly not an ideal hyper-inflationary environment in Zimbabwe, place for women but limited livelihood options Experiences of people burning money (kupisa have meant that some women have no option but mari) in Harare’. Social Dynamics, A journal of to attempt it. African Studies, 41(2), pp 219-234. Hentschel, T., F. Hruschka, and M. Priester (2002). Global report on artisanal and small scale mining. Mining, Minerals and Sustainable 1 This chapter is dedicated to my parents. I would also like to acknowledge the support of Mr O. Development of the International Institute T Nyamwanza and Ish Bhila. for Environment and Development. https,//

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www.commdev.org/userfiles/files/804_file_ Policies and Recentralizing Power, The Case global_report_on_artisanal.pdf (accessed April of Zimbabwe’s Artisanal Gold Mining Sector’, 7, 2015). Society & Natural Resources, 28,5, 543-558, Hinton, J. J., M. M Veiga and A. T. C. Veiga DOI, 10.1080/08941920.2015.1014606 (2003). ‘Clean artisanal gold mining, a utopian Veiga, M.M. (1997). Introducing New approach?’ Journal of Cleaner Production, Technologies for Abatement of Global Mercury 11(2), 99-115. Pollution in Latin America. Rio de Janeiro, Katanga, M. (2012) ‘Women in Artisanal Brazil . Mining in the Democratic Republic of Congo’ Resources Policy, 29(3-4), 131-140. Keita, S. (2001) ‘Study on Artisanal and Small- Scale Mining in Africa’. Mining Minerals and Sustainable Development. Machipisa, L. (1997), ‘Rocky Path for Women Miners’, Interpress Service, http,//www.moles. org/projectunderground/motherlode/gold/ women5.html. Mugedeza, C. (1996), ‘Mining’s Unseen Hands’, Southern Africa-Economy; ANC Daily News Briefing, Friday 22 November, http,//www.anc. org.za/anc/newsbrief/1996. Muzvidziwa V. N (2015) ‘Gendered Nature of Informal Crossborder Trade In Zimbabwe. Journal of Social Development in Africa, Vol. 30:1 1. Neuman, W. L. (2003). Social Research Methods. Qualitative and Quantitative Approaches. Allyn and Bacon, New York. Nyamwanza, O. (2010) Contest for Space, Struggles in Zimbabwe’s Bottom-Up Industrialisation, Insights from the Informal Entrepreneurs at Makoni Shopping Centre, Chitungwisa. Masters Dissertation Submitted to University of Zimbabwe. Ritzer, G. (2008) Sociological Theory. Mc Graw Hill, New York, Shoko, D. S. M. (2004) ‘Small-scale mining and alluvial gold panning within the Zambezi Basin’. ParqueNacionaldaGorongosa.http,// files.gorongosa.net/filestore/366shokod290502. pdf. Accessed April 4, 2014. Spiegel,S. J. (2015) ‘Shifting Formalisation

72 7

Gender Perspectives and the Sustainability of Work Practices in Artisanal and Small-scale Mining Operations: The Case of Wanderer Mine, Shurugwi

Maruzani Nyevero

Abstract stakeholders on issues relating to the health, safety and protection of miners in small-scale and Sustainable development seeks to realise the artisanal mining activities. human rights of all and to achieve gender equality and the empowerment of women and girls. 1, Introduction and This study aims at evaluating the sustainability Background of health, safety and protection practices in Artisanal and small-scale mining refers to mining artisanal and small-scale mining operations. practised by individuals, groups or communities The study interrogates the immediate and long- with minimum or no mechanisation, often in term effects of chemical substances that miners the informal sector of the market. The definition interact with, and the general safety prevailing of artisanal and small-scale mining has been in mining areas. Guided by a qualitative research problematic (Buxton, 2013). In some countries approach, the study employed interview guides, the difference between artisanal and small-scale document review and visual methods for data mining is that the former is entirely manual while collection. The study adopted ecofeminism, the latter can be mechanised and on a larger scale. for it establishes the connections that exist Artisanal and small-scale mining (ASM) relies on between women and the environment. It further simple mining techniques and physical labour. unpacks the interconnectedness of patriarchy In most cases it operates without legal mining and capitalism in the oppression of women titles (concession or claim) or a contract with the and the environment. While it is envisaged that title holder. While there are various definitions the participation of women in the extractive of artisanal and small-scale mining (ASM). the industry leads to improved access and control Organisation for Economic Cooperation and of the natural resources and improved economic Development defines it as formal or informal empowerment, health issues in artisanal mining mining operations with predominantly simplified need a thorough review for the achievement forms of exploration, extraction, processing of sustainable industrial work practises The and transportation. ASM is normally not study recommends increased awareness of all capital intensive and uses high labour intensive

73 73 Putting Women at the Centre of Extractivism technology. It can include men and women to the natural environment and to other land working on an individual basis as well as those users, especially women and girls. The roles that working in family groups, in partnerships, or as women do in ASM are mainly ancillary which members of cooperatives or other types of legal are hardly recognised in official policies (Muheki associations and enterprises involving hundreds & Geenen, 2017; World Bank Group (n.d.); or even thousands of miners. It can be a work Impact (n.d) Buxton 2013; IGF, 2018).This groups of 4-10 individuals, sometimes family paper brings to the fore gender perspectives and units, who share tasks at a single point of mineral the sustainability of work practises in artisanal extraction. Groups of 30-300 miners are common, and small-scale mining operations at Wanderer jointly extracting one deposit, perhaps working Mine in Shurugwi. in different tunnels and sometimes sharing 2. Main Objective processing facilities (OECD, 2016; Hinton, et al., 2003). This study defines ASM as illegal To assess the gender perspectives and the small-scale mining ventures that are manual sustainability of work practices in artisanal and labour intensive. All these characteristics of ASM small-scale mining operations. apply to mining synergies at Wanderer Mine in Shurugwi. Some of the miners at this mine came 2.1 Specific objectives as couples or relatives with the aim of achieving a The importance of gender in development certain target for specific family needs. Some are cannot be overemphasised. Against the backdrop seasonal or part-time panners, such as students of international conventions, protocols and who work during weekends or vacations. agreements on gender and development the need The International Forum on Mining Minerals, to understand gender perspectives in mining, just Metals and Sustainable Development (IGF, 2017) like in any developmental endeavour, becomes established that in 2017, 40 million people in the an imperative. A study of this nature provides Global South were in ASM. 150 million people an evidence-based approach to decision making depend on ASM across 80 countries in the same on women in ASM which will be instrumental region (World Gold Council 2017; World Bank for policy makers and regulatory boards on best 2013 in IGF 2017; Mining Zimbabwe, 2017). practices for gender equality in ASM. About 50% of the ASM in Africa are women 2.2 Justification of the study (IGF, 2018). As at 2016 it was estimated that there were about 25,000 registered claims and Women play a critical role in ASM activities, over 400,000 unregistered illegal miners in but in a majority of cases their roles and Zimbabwe; 500,000 Zimbabweans are directly contributions are not given the attention and employed as ASMs with over three million value that they deserve. This study aims at dependents (Policy Brief, 2017); of these illegal bringing out the sustainability of work practices miners, 153,000 are women and girls. In Uganda, in ASM activities and the related health effects women constitute 45% of the ASM workforce on women which will be of importance to policy (Muheki & Geenen, 2017) and in Guinea about makers, gender mainstreaming organisations and 75% (IGF 2018). Forty to fifty percent of the related ministries. There is a dearth of literature ASM workforce are women and 70-80 % of on gender related differences in health effects ASM are informal (IGF, 2017). In 2016, ASM caused by exposure to toxic chemicals in ASM contributed 45% of Zimbabwe’s gold production activities, so this study adds on to existing yet (Gutu, 2017). While this development makes limited literature. As the nation works towards the economic sense it is sad to note that the achievement of sustainable development goals, extraction of minerals is coming at a huge cost organisations such as the Zimbabwe Miners’

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Federation, the Zimbabwe Women in Mining and (IGF, 2018; Hinton et al., 2003). a number of other development practitioners will While the Zimbabwean government has benefit from the findings of this study. A study approved the buying of minerals from artisanal of this nature also helps in highlighting gender and small-scale miners, it does so to registered power relations in ASM activities and how miners. With limited access and control of these perpetuate the poverty and subordination resources women find it difficult to register claims of women in communities. Women play a in their names or to join existing syndicates that critical role in the development of sustainable are male dominated. When women participate communities so understanding and enhancing in ASM activities on other people’s claims, the the role of women in ASM can be a means of majority are owned by men. Poverty and limited bridging the gap between well conceived technical access and control of key resources make women and socio economic changes often prescribed for vulnerable to physical, social, economic and artisanal miners and actual facilitation of positive sexual exploitation which disadvantages women transformation of the mining sectors. economically and socially (IGF, 2018). Men take advantage of women to exploit them physically, 3. Work practices in ASM socially and economically. Women play a significant role in ASM, though Men and women who participate in ASM it is not often acknowledged. They are involved face risks equally but the argument in this in crushing, sluicing, washing, panning, presentation is that the effects of these risks sieving, mercury gold amalgamation, amalgam and hazards are gendered (Hinton et al., 2003). decomposition and at times the actual mining Women and men in ASM get in contact with (IGF, 2018). This involves hard manual labour in toxic chemicals which include mercury, cyanide, unsafe and hazardous work environments. Such sulphuric acid, zinc vapour and other chemicals work practices can have adverse health impacts (Efitimie et al., 2012). Both men and women on women and girls. In a majority of cases men get exposure to these chemicals in the panning extract the ore from the earth and bring the process, in the careless disposal of waste from selected rocks to the ball mill. A number of mines effects on women differ from those on factors contribute to the absence of women in men because of gender. For example, when the extraction process. These include social and women are pregnant, inhaling toxic vapour can cultural beliefs linked to women’s biological affect the development of the foetus, leading roles. There is a general belief that the presence to babies being born with metal or physical of women in the tunnels contributes to bad luck deformities (IGF, 2018). (Butaumocho, 2015). In those rare cases when After doing extensive hard work with exposure women do dig for the ore they face an absence to toxic chemicals women still do not eat well. In of safety. most cultures women eat last. The background Globally, women form the majority of the poor of malnutrition for women in ASM increases (World Bank, 2018), and for many women artisanal their vulnerability when exposed to hazardous mining presents an opportunity to relieve the work practices (Chakravorty, 2001 in IGF 2018). strain of poverty. Poor women from communities Besides dangers related to pregnancy, women in rich in mineral reserves use their agency to relieve ASM are prone to lung diseases, skin irritation themselves of poverty by participating in ASM. and eye damage as well as musculoskeletal These women miners occupy a number of labour disorders from manual lifting and carrying heavy intensive task (Hinton et al., 2003). A significant loads as well as awkward sitting position (Lu in number is involved in panning, washing and IGF 2018).The burden of reproductive work that mineral separation, stone crushing and curving women have to do in the domestic sphere adds

74 75 Putting Women at the Centre of Extractivism pressure to the already compromised body that (Buxton 2013, Efitimie, 2012).The analysis of has little or no chance of getting medical attention. mercury biopsies of human kidney cortex showed Figure 1: Separating ore from the metal three times as high a concentration in women who were exposed to toxic metals as in men who were using the pan dish also in ASM (Barregard et al in Akesson et al 2002). Epidemiological studies have shown associations between prenatal exposure to mercury and impaired psychomotor and cognitive function in some fish eating populations (UNDP, 2011). The fish in these communities was contaminated with mercury. Exposure to toxic chemicals can result in miscarriages in women, low birth rate and premature death (UNDP, 2011).These chemicals can be passed to unborn babies at prenatal stage or in breastfeeding. The other gendered effect of the exposure to these toxic chemicals is that when a couple fails to have children due to infertility which is related to exposure to toxic chemicals, or experience still births or underweight babies, the culturally approved explanation is that the woman is to blame. Women face torture and shame for a problem not of their own making. While medical tests can help couples understand the underlying causes for the problems, poverty, ignorance and culturally accepted norms exonerate the man and criminalise the woman. Figure 2: Woman panning without Women also risk on losing out on time and protective clothing mobility in ASM (IGF 2018). The time and The above mentioned health challenges and risks resources required to obtain mining permits further affect women’s child bearing capabilities can be long and offices may be far from home. Rampant corruption in government offices can expose women to sexual harassment or even prostitution (Buxton, 2013, Butaumocho,2015). Women succumb to these as a way of softening the officials for a quicker processing of mining permits and titles. Additional risks include sexually transmitted diseases, hypertension, family breakdown, single parenting and moral decadence. The effects of these risks are heavier on women than on men and it is easier for men to settle with another women in a more formal relationship than it is for females, especially those in ASM activities. Prostitution can lead to violent killings of women and other men, unsafe communal surroundings and general morale

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decadence which can be a threat to the future of 4. Theoretical Framework healthy societies. Hazardous work practises in ASM have a The Food and Agricultural Organization of the negative impact on the environment which can United Nations estimated that the percentages impact on women and girls’ health. Limited access of women affected by fuel wood scarcity are to medical care makes women resort to nature 60% in 32 African countries, nearly 80% in 18 for traditional remedies to various ailments. Asian countries, and nearly 40% in 14 Latin Unscrupulous cutting down of trees for ASM American and Caribbean Countries (The World’s deprives women of the fuel wood which is a source Women, 1995 in Warren 2000). While all humans of energy in rural poor communities (Buxton are affected by environmental degradation, 2013). It also deprives women of fruits and food women, people of colour, children and the poor (e.g. the Mopani worm) which can cushion throughout the world experience environmental livelihoods in times of drought and famine harms disproportionately (Warren, 2000). There is a strong connection between women, human Fig. 3: Environmental degradation rights and the environment. All these factors depriving communities of benefits converge on the issues of hazardous work from nature practices in ASM and that has influenced this study to adopt ecofemism as the guiding theory. Warren (2000) posits that the environment is a feminist issue. The relationship between nature and women forms the basics of ecofeminism. In ASM, nature is producing the mineral resource to sustain families, yet men are busy working towards monopolising the natural resource. As men fight for ownership of the minerals they are targeting domination of nature in a similar way they dominate females in social circles. There are various ecofeminist approaches but the underlying principle that bind all strands of feminism is that there is an inherent association between nature and women (Chen Ling, 2014; Warren, 2000). The socialist ecofeminists argue that there is an evident link between the subordinate status of women and the degeneration of nature (Chen Ling, 2014). Men subordinate women for prestige, status and A former vegetative and arable land has been for completeness. In the same way that mineral wasted to the level indicated above. These pits and resources are extracted for male enrichment. The burrows accommodate thieves and rapists who ultimate goal of patriarchy is that the men can do waylay women and girls as they do their day-to- whatever it takes to conquer women in the same day activities, or girls on their way to school. The way they want to conquer nature. Hazardous work weakened soil can lead to women falling into these practices can work to the advantage of men so that pits. It is gendered because most women remain they achieve complete dominance over women in villages with the children as men migrate to and nature. Ecofeminism uses the basic feminist other places in search for greener pastures or tenets of equality with an emphasis on how nature employment opportunities. and women are treated by patriarchal societies.

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5. Methods Interview data was analysed thematically and data from documents was analysed using content The study adopted a phenomenological research analysis. Thematic analysis means that the data approach in order to explore and present collected was grouped and coded in such a way hazardous work practises in the ASM industry that certain themes were realised. These themes, with specific reference to health safety and for example ownership and control of resources, protection of women. The phenomenological and poverty, were then discussed in relation design allowed the researcher to gain a deeper to the sustainability of work practices in ASM. understanding of hazardous work practises in Documents were analysed for manifest and a natural setting (McMillan and Schumacher, latent content. This method is especially useful in 2010). The chosen design applies well to case interpreting socially constructed gender ideologies studies of under-researched issues. Informal and that are part and parcel of peoples words, actions illegal activities pose a challenge to researchers to and belief systems. get willing participants, so the phenomenological research approach allows a limited number 6. Discussion of Findings of participants in the study. Insights from Evidence from documents showed that there these limited participants will give a deeper is no official policy or law that addresses issues understanding of the phenomena being studied relating to ASM in general and women in mining through recollections and descriptions of life in particular. The women interviewed made stories (Denzin and Lincoln, 2003). reference to the government and suggested that The sample of the study was made up of five the government can supply protective clothing, participants who were selected using snowball and even basic things like condoms at mining sampling techniques. The women who were sites. These women were ignorant about the chosen to participate have been at the Wanderer implications of not having a law on ASM. They Mine for more than six months, one male made reference to the need for government farmer, who are practising crop irrigation along intervention in issues of corruption, crime, the Mutevekwi River. The farmer was purposely health issues, degradation of the environment sampled because his farm is by the road and in the and the general safety and security in ASM. What area of his farm a lot of gold panning activities are the participants expected from government was taking place. quite noble, however, little did they know that Data was collected using face to face in depth in the absence of specific law(s) to address their interviews which allowed the researcher to adapt concerns everything remains a rhetoric. questions as and when it was necessary or even It emerged from the study that people participate probe further on interesting issues. (Patton 2002). in these risky activities in an attempt to do away The study also collected data by reviewing laws with poverty. The economic uncertainties and and policies related to ASM in Zimbabwe and the the ever increasing cost of living for people who use of visual methods. Visual methods helped by have been retrenched from formal employment freezing events for a moment for further analysis continue to push women, especially the widowed, in relation to data from documents and interviews. into ASM. One female panner had this to say: In line with ethical considerations, consent ‘I am a widow and I used to work in Bulawayo of participants was sought .The institutional but I was retrenched. A relative invited me to affiliation of the researcher was made public come and try what others are doing here’ in order to assure participants of their safety, security, dignity and anonymity. Specific consent Women take risks for the sake of their children. was sought for the shooting of photographs. Another respondent indicated that she must

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work hard in order to raise university fees for her remains a nightmare if the government continues daughter who has just finished A Level. to overlook the processes associated with ASM. It also emerged from the study women are not One farmer who uses water from the Mutevekwi paid a fair amount for the work that they do, even river had this to say: when mineral prices go up on the market. Most ‘I do not know why they ask you to carry one ore owners and the buyers are men, who use their study after the other, yet they know the truth patriarchal advantage on women. Two women that gold panning is bad and the panners are asked the researchers about the official rate for not working according to stipulations given by separating gold from ore. They made reference rural district councils. They have contaminated to the middlemen and the buyers who are short- the water and when I irrigate, the toxic waste changing them. They asked in confidence as they in the water makes the leaves of my plants to did not want it to get into the ears of suspicious dry. I supply supermarkets in Gweru with farm people. produce. The toxic chemicals are getting into There is a careless use of toxic materials in ASM, supermarkets and everyone is consuming these especially mercury and cyanide, and women toxic chemicals. My irrigation pumps have have both direct and indirect encounters with been affected .The 75 horsepower pump I had them. Observations made by the researcher were has been affected by siltation now I am using a that even the hands of the panners have turned 25 horsepower. They do not cover up the holes yellowish and hardened by regular exposure to they dig. These holes are hazards to people and chemicals in the panning process. Some of the animals. So what is sustainable about it. At one women are aware of the dangers, while others time they say farmers and gold panners must were satisfied by just washing their hands after the coexist. It is not sustainable and we are heading panning process. The effect of the vapour on their for disaster!’ health, or even its long-term effects on generations Gold panning has grown to be the mainstay to come, was not so important to them. What they of the economy (Gutu, 2017); this farmer wanted more was to get some money to address acknowledged as much, but he bemoaned the pressing bread and butter issues. Buying protective unsustainable practices that characterise the clothing is regarded as a luxury, especially for ASM industry. In 2016, ASM contributed 45% those who are working to a target. Women wear of the national gold production, contributing cloths wrapped around their bodies; footwear can substantially to the revenue generation of just be tennis shoes, bathroom slippers or cheap Zimbabwe as a nation. Corruption at every level footwear. These work practices are not sustainable. has seen the rich get richer and poor get poorer. ASM activities have destroyed the beauty of Because of gender and class, women fall victim to the previously scenic Shurugwi. As people drive capitalistic tendencies that favour men. Women, from Shurugwi town up to Railway Block and the with limited control of the means of production, surrounding areas it is all about burrows and pits. only benefit more by associating with men in Environmental degradation is high with no hope either formal or informal sexual relationships; of regaining the former scenic status of the area. otherwise, they are vulnerable to abuses of various The environmental damage at Wonderer Mine kinds. Even what they work for can be taken away is almost similar to that which has taken place from them for a pittance. Boterekwa George thereby diminishing hopes for potential tourist trade in Shurugwi town. In that regard work practices in ASM are not sustainable. Revelations from the study indicated that the achievement of sustainable development goals

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7. Conclusions and stones. Women and nature suffer equally as capitalism and patriarchy reinforce the Recommendations domination of males in ASM activities. ASM contributes almost half of national gold In line with recommendations made by other production, and it is providing employment for researchers, this study reiterates the need for many Zimbabweans, with over three million ASM policy and law. In the formulation of these, dependents. It can also be concluded that the caution must be taken to ensure that women effects of the processes involved in this mining specific issues are not overlooked. The services of sector are gendered. Due to poverty, illiteracy specialists in gender law can help in this regard. and geographical location, women are the most The law will need to be translated to indigenous affected. Unfortunately, women do not have a languages for the benefit of everyone especially detailed understanding of these effects on their uneducated rural women. lives and on generations that follow after them. Males owners of the means of production use Figure 4: Pit to hold waste from the their economic muscle to bulldoze their way by panning process amassing the yellow metal and other precious

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Buxton (2013) observed that marginalisation Chen Ling (2014) ‘The Background and and informality have relegated artisanal and small- Theoretical Origin of Ecofeminism Cross- scale miners to the periphery of the margins. This Cultural Communication’. Vol. 10:4, pp. 104- study therefore recommends the need to put aside 108, DOI: 10.3968/4916. stereotypes about artisanal and small-scale miners Denzin, N. K., and Y. S. Lincoln (2000)Handbook and create dialogue with them. Policy makers of Qualitative Research. Sage Publications, must desist from hearing views and perceptions of Thousand Oaks. ‘telephone’ artisanal and small-scale miners. Such Eftimie, A., K. Heller, J. Strongman, J. Hinton, approaches must be avoided for they are selfish K. Lahiri-Dutt, Mutemeri., C. Insouvanh, and wrongly informed. Dialogue must be done Mi, G. Sambo and S. Wagner (2012). Gender with those who have the first-hand experience in dimensions of Artisanal and Small-scale Mining: ASM. Experienced men and women in artisanal A Rapid Assessment Toolkit, The World Bank, and small-scale mining must participate in the Washington, D.C. dialogue at all levels. Gender specialists must help in articulating gender specific issues for the benefit Gutu, A. (2017) ‘Artisanal and Small-scale Mining of all . The end result will be a gender sensitive in Zimbabwe – Curse or Blessing?’ Policy Brief ASM policy. No. 2. October 2017, Research Department. While much research has been done on ASM, Hinton, J., M. Veiga and C. Beinhoff (2003) researchers have not given a sufficiently gendered ‘Women and Artisanal Mining: Gender Roles analysis of it. Sustainable development can never and the Road Ahead’, in G. Hilson and P.A. be a reality if women in one sector of the economy Balkema (eds) The Socio-Economic Impacts of face disadvantages. In the ever-changing terrain Artisanal and Small-Scale Mining in Developing of the twenty-first century the experiences of Countries. Balkema, A.A, Rotterdam. men in ASM may need some research attention IMPACT (n.d.) Women in Artisanal & Small- for accurate policy directives. For improved Scale Mining in Central and East Africa. outcomes there is need to adopt the gender and Retrieved from: https://impacttransform.org/ development approach, that is including men in en/work/project/women-in-artisanal-and- addressing issues of gender inequality in ASM small-scale-mining-in-central-and-east-africa/ activities. Intergovernmental Forum on Mining, Minerals, References Metals and Sustainable Development (IGF) (2017) ‘Global Trends in Artisanal and Small- Akesson, A., M. Berglund, A. Schütz, P. Bjellerup, scale Mining (ASM): A review of key numbers K. Bremme and M. Vahter (2002) ‘Cadmium and issues’’. IISD, Winnipeg. https://www.iisd. exposure in pregnancy and lactation in relation org/sites/default/files/publications/igf-asm- to iron status’. American Journal of Public global-trends.pdf Health, 92. pp. 284-287. Intergovernmental Forum on Mining Minerals, Butaumocho, R. (2015) ‘Women Miners the Metals and Sustainable Development (IGF). Untold Story’. https://www.herald.co.zw/ (2018) ‘Women in Artisanal and Small-Scale women-miners-the-untold-story/ Mining: Challenges and opportunities for greater participation’. Winnipeg: IISD. Buxton, A. (2013) ‘Sustainable Markets: Responding to the Challenge of Artisanal McMillan, J.H. and S. Schumacher (2010) and Small-scale Mining. How can knowledge Research In Education: Evidence Based Inquiry th networks help?’ IIED, London. http://pubs.iied. (7 ed.). Pearson Education, Boston. org/pdfs/16532IIED.pdf Muheki, S. and S. Geenen (2017) ‘Women in (and

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out of) artisanal mining: a call for revising chemicals-management/chemicals-and- Uganda’s draft Mining and Minerals Policy’. gender/2011%20Chemical&Gender.pdf IOB Analyses and Policy Briefs 25. Institute Warren, K. J. (2000) Ecofeminist Philosophy: A of Development Policy (IOB), Universiteit Western Perspective on What It Is and Why It Antwerpen. Matters, Rowman & Littlefield, Lanham. Organisation for Economic Co-operation and Development (OECD). (2016). ‘Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-affected and High- risk Areas’. Retrieved from Policy Brief (2017) ‘Impacts of Fluctuating Commodity Prices on Government Revenue in the SADC Region: The Case of Platinum for Zimbabwe’ Retrieved from impacts%20 of%20fluctuating%20commodity%20prices_ zimbabwe_policy%20brief.pdf Patton, M. Q. (2002) Qualitative Research & Evaluation Methods. (3rd ed.). Sage Publications, Inc., Thousand Oaks. World Bank (2017) ‘Using Data to tell the Artisanal and Small-Scale Mining Story’. http://www.worldbank.org/en/news/ feature/2017/01/30/using-data-to-tell-the- artisanal-and-small-scale-mining-story World Bank (2018) ‘Poverty and Shared Prosperity 2018.Piercing together the Poverty Puzzle’. Retrieved from: http://www.worldbank. org/en/publication/poverty-and-shared- prosperity World Bank Group (n.d) Women and Artisanal and Small-Scale Mining (ASM) Energy and extractives Number 4 Retrieved from https:// olc.worldbank.org/sites/default/files/WB_ Nairobi_Notes_4_RD3_0.pdf World Gold Council (2017). ‘Artisanal and Small- Scale Mining’. Retrieved from www.gold.org/ goldmining/responsible-mining/artisanal-and- small-scale-mining UNDP (2011) Chemicals and Gender .Retrieved from:https://www.undp.org/content/ dam/aplaws/publication/en/publications/ environment-energy/www-ee-library/

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Promoting Gender Equality through Functional Complementary Relationships between the Judiciary and the Zimbabwe’s Gender Commission

James Tsabora

ABSTRACT This research seeks to discredit the myths that sustain the fiction that constitutional bodies The constitutional system set up by the 2013 with different mandates cannot work together. Zimbabwean Constitution has created vast Most pertinently, it interrogates the functional opportunities for the promotion and protection of relationships implied in those constitutional human rights. Two areas where such opportunities bodies whose responsibilities impact on human exist are the judicial system and the system rights. Indeed, the major hypothesis underpinning created by independent commissions. Working this chapter is that there are vast opportunities together within a complementary framework, for functional complementarities and mutually these two systems can play a significant role in the beneficial interrelationships between the judicial promotion, realisation and enjoyment of human system and the independent commission systems rights in Zimbabwe. Curiously, however, there are in Zimbabwe’s human rights framework, with no explicit constitutional provisions supporting a particular focus on the Gender Commission. or encouraging functional complementarities Only if such opportunities are exploited to the between the judicial system and the independent full, the research concludes, can the promise of the commission system in the quest to safeguard, Constitution be realised in practical terms. promote and protect human rights. Current jurisprudence and thinking on the independence 1. Introduction of the commissions, and on judicial independence, The struggle for gender equality has taken suggest strict non-interference, and exclusive various forms, but the level of dissatisfaction jurisdictional competences of both institutional and frustration remains high among victims and systems. Such discourse negates the human rights other stakeholders. The constitutional system set agenda entrenched in the Constitution. Further, up by the 2013 Zimbabwean Constitution has such discourse casts the institutional mandates of created vast opportunities for the promotion these two systems in separate clusters, suggesting and protection of human rights, with gender that there is no space for a collective approach or equality taking pride of place. To that extent, a partnership. various institutions and agencies of state and

83 83 Putting Women at the Centre of Extractivism government have been established for the and on judicial independence, suggest strict purposes of protecting the rights of women, non-interference, and exclusive jurisdictional ensuring gender parity in social, economic, competences of the judiciary. Accordingly, the political and other activities. Indeed, the work of institutional mandates of these two systems are these state institutions has the potential to have a cast in separate clusters, suggesting that there is no lasting impact on the enjoyment and realisation space for a collective approach or a partnership. of constitutionally entrenched rights to equality, This chapter reviews the functional non-discrimination and gender parity. The nature relationships explicit and implied in those of these constitutional institutions offers huge constitutional bodies whose responsibilities potential for implementing and operationalising impact on human rights; its major hypothesis is human rights standards and expectations for that there exist vast opportunities for functional the benefit of society as a whole. Two important complementarities and mutually beneficial inter- institutions where opportunities for enhancing relationships between the judicial system and the the protection and promotion of human rights independent commission systems. There is no are the judicial system and the system created by literature on this subject matter in Zimbabwe, the Gender Commission. and in interrogating opportunities and advocating Since 1980, the judiciary has played a noble for the ‘constitutional complementary’ argument, role as a guardian and protector of human rights South African approaches will be examined, with and freedoms guaranteed in the constitutional a view to comparative benchmarking. system. Indeed, the judiciary has been able to The Gender Commission is chosen as a focus adjudicate, interpret the law, create comprehensive because of all commissions in Zimbabwe, its seem jurisprudence and guide state practice in the to have struggled to introduce any innovative human rights arena. It can be argued that despite strategies of promoting gender equality and the generally stellar performance of the judiciary, confronting gender related social issues. It must be more can be achieved if the judiciary works in motivated to consider such innovative strategies tandem with other constitutional bodies mandated if its constitutional mandate is to be discharged with the protection or promotion of human rights effectively. such as rights of women and the right to equality.1 1.2 Method For the purposes of this research, and in view of deeply-ingrained patriarchal trends in Zimbabwe, This is largely desk research, and in analysis, there is scope for considering a complementary the paper shall adopt the doctrinal, comparative relationship between the judiciary and the Gender and descriptive approaches. The research is also Commission. It is argued that by working together, enriched through interviews with members of these two systems can play a significant role in the the Judicial Services Commission, individual promotion, realisation and enjoyment of women’s judges of the High Court and the Supreme Court, rights and gender equality. traditional leaders and members of the Gender Curiously, however, there are no explicit Commission, Ministry of Women’s Affairs and constitutional provisions supporting or the Zimbabwe Human Rights Commission.2 encouraging a ‘constitutional complementary system’ between the judicial and the independent commission systems in the quest to safeguard, promote and protect human rights. Current 2 These organisations had an opportunity to input thinking on the independence of the commissions, their suggestions and contributions at a symposium organised and funded by the Raoul Wallenberg 1 As entrenched in section 56 of the 2013 Institute of Human Rights and Humanitarian Law on Constitution of Zimbabwe. 5 and 6 November 2018 at Cresta Lodge, Harare.

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2. The constitutional Constitution. Implicit in the setting of this agenda, framework it can be argued that it aspires to a multifaceted approach to promoting the human rights agenda. From a simplistic perspective, it can be stated Section 3 of the Constitution sets out the that any functional relationship between founding values and principles underpinning constitutional bodies must not only be permitted it. These values are the specific principles that by the four corners of the constitution, but also give expression to critical aspects of a nation’s be supported by clear constitutional provisions. constitutional identity. Indeed, constitutional This is because of the principle of legality – all values point to a nation’s aspirations, and actions of constitutional bodies and organs of these aspirations are important as they reflect state and government must be in accordance with the national fabric; they define the historical the provisions of written law. Without doubt, background, beliefs, hopes, morals and projected where the constitution permits and supports the horizons of a nation. It is contested that Section 3 partnership, parameters can be drawn concerning necessarily becomes an entry point in searching their jurisdictional boundaries. Thus, there is a for possible relationships between constitutional critical need for investigating the provisions of institutions. It can be argued that the constitution the constitutions to determine whether there is system, through the preamble and the values, room for a complementary system of the form implicitly calls for a concerted constitutional and shape envisaged throughout this paper. effort, not a silo approach at meeting human rights expectations and outcomes. 2.1 The constitutional value system Gender equality is recognised in Section 3 as a To start with, there are no constitutional provisions fundamental value and principle, along with the that call for a functional relationship between the rule of law, good governance and equality of all Gender Commission and the judiciary. There human beings. Recognition is extended to the exist, however, provisions in the Constitution rights of women, children, the youths and the that calls for the achievement of various social elderly. Further, Section 3 recognises transparency, aspirations and human rights outcomes. The justice, accountability and responsiveness as Constitution does not give a particular body integral principles of good governance that or commission exclusive jurisdiction on the bind the state and all institutions and agencies achievement of such aspirations. To exemplify of government at every level. By so doing the this point, an analysis of the constitutional value constitutional system recognises the central place system is apposite. of gender inequality in the Zimbabwean social The 2013 Constitution is underpinned by a system, and the pride of place that must be given value system that guides the understanding of its to solutions that address the consequences of such main features, and these can be gleaned from the inequality. preamble itself. The latter confirms the need for It is clear that these provisions are noble. They the constitutional system ‘to entrench democracy, generate positivity in the struggle for the realisation good, transparent and accountable governance and enforcement of women’s rights and gender and the rule of law’. It further affirms the need equality. They guide constitutional interpretation for a commitment to upholding and defending and consequently social transformation in fundamental human rights and freedoms. Read important economic sectors such as the mining together with the Declaration of Rights, and other sector. It can thus be argued that devising a system provisions in the Constitution, there is no doubt that enables the Gender Commission to feed into that the preamble sets out the foundation for the the judicial system may be necessary in order to human rights agenda that permeates the whole give the noble constitutional objectives life and

84 85 Putting Women at the Centre of Extractivism practical form. There is nothing that specifically men and women, and the right of both to equal counsels against institutional complementary treatment, and equal opportunities in political, relationships for purposes of achieving such goals. economic, cultural and social spheres. An Indeed, the constitution enjoins the state to ensure important leg of this right is the prohibition of that all its various bodies, including commissions, unfair discrimination on various grounds. For ‘are provided with adequate resources and facilities the purposes of this research, these include sex, to enable them to carry out their functions gender, marital status, age, pregnancy, social status conscientiously, fairly, honestly and efficiently’.3 and custom. Establishing a mutually complementary system Customary practices deriving from a might go a long way towards providing ‘facilities’ deeply patriarchal society have marginalised for efficiency in the work of constitutional bodies. women, relegated their contribution to social Another important national objective is the development, and subjected them to various forms injunction on the state to promote gender balance of discrimination. They also entrench women as in society.4 This can be achieved by, among other minors, excluding them from important decision strategies, promoting the full participation of making platforms. Under customary law, women women in all spheres of society on the basis of have limited, if any, voice in important social their equality with men. The measures that the platforms, and where such a voice exist, it is state must take include ensuring women access subject to veto by their male counterparts. Nor to resources and the rectification of gender has this discrimination been confined to rural discrimination and imbalances.5 communities; it has cascaded to mainstream social, economic and political platforms. The role 2.2 Do equality and gender equality of women in the legislature is always downplayed, matter in the Constitution? as it is in the executive organs of the state. Traditionally, the right to equality and non- Discrimination against women has infiltrated the discrimination was not in the constitution in workplace6 and other economic spheres such as the explicit way it is now; the vague provisions the extractive sector. of the right to equal protection of the law in The equality and non-discrimination clause is the Lancaster House Constitution provided the further elaborated in Section 80 (elaboration of only platform to promote gender equality. The certain rights), which recognises equal dignity 2013 Constitution has changed the game; it between men and women, reiterates right to has introduced a specific right to equality and equal opportunities between men and women, non-discrimination in Section 56. Additionally, and extends rights of women to guardianship and the constitution has surrounded the right to custody of children. It also calls for the invalidity of equality with other gender equality provisions. ‘all laws, customs, traditions and cultural practices Consequently, it can be argued, the right to that infringe the rights of women’. equality in relation to gender must be interpreted Importantly, the equality clause calls for the state taking into account these other provisions located to take legislative and other measures to promote outside of the Declaration of Rights. the achievement of equality. Can the state devise Section 56 of the Constitution entrenches the strategies to ensure a cooperative governance equality of ‘all persons’ before the law, and their framework between relevant institutions for the right to equal protection and benefit of the law. realisation of these rights? It also emphatically expresses the equality of 6 Section 65 of the Constitution (labour rights) recognises that women and men have a right to equal 3 Section 9.of the Constitution. remuneration for similar work; further, all employees 4 Section 17. have a right to just, equitable and satisfactory 5 Section 17. conditions of work.

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3. Measures, Strategies and unconstitutional and giving the legislature the opportunity to amend, or formally repeal the Approaches impugned legislation.7 In some instances, the The above analysis points to one clear fact: the courts have directed the government to act where substantive aspects of the law are watertight, a piece of legislation is foul to the Constitution. progressive and comprehensive. What remains to On various occasions, the executive has acted in be seen is whether the objectives targeted can be response to a call to act by the judiciary.8 given practical effect. The success or otherwise of Important cases abound where the judiciary has the 2013 Constitution will be measured by how it worked in tandem with the legislature. In Katekwe is implemented, by the practical outcomes to be vs Muchabaiwa, the courts held that women realised and by the tangible objectives achieved. who had been perpetually considered as minors To understand the importance of with lesser rights than men had more rights than implementation, it is necessary to explore before owing to the passage of the Legal Age of the Constitution itself. It enjoins the state to Majority Act. This was later overturned by another ‘take legislative and other measures’ to give judgment that held that African customary law practical effect to the objects of its provisions. inequalities between men and women had to be The obligation on the state is clear-cut, and this maintained in issues of inheritance. Gradually, is positive and welcome. It is positive because discrimination on the basis of gender or sex the state can be compelled to act in the interest was rejected, culminating in Section 56 of the of realising the constitutional objectives. The Constitution. state, its organs, agencies, institutions and the Parliament is on the verge of passing the subsidiary bodies it manifests itself in have this General Laws (Statutory Bodies and Gender obligation. The state comprises three main organs: Parity Provisions) Bill that seeks to ensure gender the legislature, the executive and the judiciary. parity in statutory bodies. This complements The executive has a stronger obligation because the Public Entities Corporate Governance Act it is the organ that ‘executes’ and implements that seeks to achieve gender equality in public law and policy. It generates resources, establishes appointments. These two laws are critical in implementing institutions, controls taxation and enabling women to participate in statutory and revenue generation and has authority to disburse public entities concerned with regulating the and allocate national resources. mining sector. The question is, what relationship The state, through Parliament, has to take can be consummated between the Gender ‘legislative’ and other measures. Parliament has Commission and the judiciary for the purposes of to pass the laws that give effect to the structures, better serving Zimbabwean society in the area of procedures and promises in a constitution. gender parity and women’s rights. Similarly, the judiciary has an obligation to ensure that constitutional promises and ideas are realised in practical terms as far as this can be done through judicial adjudication, legal interpretation 7 See for instance, DARE & 3 Others vs Saunyama and application of the law. & 3 Ors CCZ 9/2018, where the Constitutional Court The mutual relationship proposed in this paper held that Section 27 of the Public Order and Security derives from these mandates and obligations Act [Chapter 7.11] is unconstitutional, but suspended the declaration of constitutional invalidity of s 27 of of the organs of state. Currently, the legislature the Public Order and Security Act for 6 months, giving and the judiciary have worked together in the the State ample time to amend the provision before the area of law making; the courts have struck declaration becomes valid (in effect, striking down the down various pieces of legislation, holding them impugned provision). 8 See for instance the case of Mudzuru.

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3.2 A feeder system between the 3.2.1 Giving legal effect to Gender Judiciary and the Gender Commission Commission findings in courts of law The Gender Commission is established in terms The Gender Commission is critical to the rule of Section 245 of the Constitution. It is one of law, gender equality and constitutionalism in of the so-called ‘independent commissions’ Zimbabwe. It monitors issues concerning gender supporting democracy found in Chapter 12 equality and also investigates possible violations of the Constitution. The general objectives of of gender rights. The reports it makes must be all these commissions includes supporting taken seriously, and the government must strive and entrenching democracy, promoting to implement its findings and recommendations. constitutionalism, and ensuring that injustices These reports touch on important issues such as are remedied.9 Without doubt, the objective of customary marriages, inheritance, succession, achieving gender equality is inherent in each of children rights, women’s rights, gaps and flaws these objectives. in the implementation of gender laws, gender 12 Gender inequality is a social and cultural violence, and sexual and reproductive health. injustice suffered by women in Zimbabwe, In adopting this approach, the Gender and it must be addressed. In addressing it, the Commission will be in good company. In the 13 commissions will be promoting constitutionalism, South African case of S v Jordan and Ors, the since gender equality is a core human rights courts admitted that, objective to be promoted through enforcement, ‘In determining whether the discrimination is application and giving effect to various provisions unfair, we pay particular regard to the affidavits of the Constitution, including the equality and argument of the (South African) Gender clause. On the other hand, the judiciary’s role Commission. It is their constitutional mandate to is circumspect; the judiciary is ‘paramount in protect, develop, promote respect for and attain safeguarding human rights and freedoms and the gender equality. This Court is of course not rule of law’.10 Further, the courts have an obligation bound by the Commission’s views but it should to not only give effect to the rights and freedoms acknowledge its special constitutional role and in the Constitution, but also to promote the values its expertise. In the circumstances, its evidence and principles underlying the Constitution, and argument that section 20(1)(a) is unfairly and these values are based on justice, human discriminatory on grounds of gender reinforces dignity, equality and other values in Section 3 our conclusion.’ discussed above.11 This function is integral to constitutionalism and human rights protection. Indeed, in that case, the Court accepted Clearly, any constitutional relationship between the need to be guided by its own analysis and the Gender Commission and the judiciary made conclusions, but did not miss the opportunity for purposes of giving effect to these ideals will to acknowledge the ‘reinforcement’ given by the always be noble. Gender Commission. This approach is plausible, The question this begs, is what sort of and must define the relationship between relationship can be envisaged. Can the judiciary the Zimbabwe Gender Commission and the rely on the Gender Commission for anything in judiciary. order to enhance the discharge of its mandate, and vice versa?

12 See important cases such as Magaya v. Magaya, 9 See Section 233 of the Constitution. (1999) 3 L.R.C 35, 40 (Zimb. Sup. Ct.) and Katekwe v 10 Section 165 (1) (c) of the Constitution. Muchabaiwa. 11 See Section 46 (1) and (a) and (b). 13 CCT31/01.

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3.2.2 The Gender Commission and rights be envisaged in the strategy of the Gender enforcement Commission, but remains to be implemented to The Gender Commission is also granted an the benefit of society. Using these provisions, the advisory role by the Constitution. One of Gender Commission can compel government its mandates is to ‘advise public and private agencies and other non-state organisations to abide institutions ‘on steps to be taken to ensure by certain standards that promote and enhance gender equality’. The institutions envisaged here gender equality. These areas include religious encompass all agencies and institutions of the state practices, customary and cultural practices, the and other private bodies. This role is important in conduct of elections, and the allocation and rights enforcement and implementation. In terms distribution of natural resources . of section 85 (3) (d) of the Constitution, persons The options canvassed in this paper are not (including juristic persons or organisations) far-fetched or being discussed for the first time. have a right to appear, with the leave of court, In fact, evidence of complementarities abound as amicus curiae (a friend of the court). As in relation to constitutional bodies in Zimbabwe. a specialised commission overseeing gender One example suffices. In its ‘Preliminary Election equality, the Gender Commission must always Monitoring Report on the 2018 Harmonised take the opportunity to appear in court where Elections’, the Zimbabwe Gender Commission relevant issues are being adjudicated such as recommended as follows: inheritance, succession, customary marriages, or • In future elections, ZEC (the Zimbabwe gender violence. In the Jordan case above, four Electoral Commission) should improve organisations with an interest in gender equality on infrastructure set-up and provisions at appeared as amicus curiae.14 Such an appearance polling stations to take into consideration may be based on invitation or application, gender differences and basic needs. following the relevant rules of law.15 • ZEC should also review its approach to 3.2.3 The Gender Commission and Public the recruitment of short-term election Interest Litigation staff through existing institutions and take measures to ensure gender balance across all The locus standi provisions of the Constitution levels. have been broadened to provide that institutions Since the Commission has the additional power such as the Gender Commission can approach to recommend affirmative action initiatives, it can the courts for the enforcement of other people’s indeed engage in progressive consultative dialogue human rights. In terms of section 85 (1), the with the Zimbabwe Electoral Commission for the Gender Commission can approach the courts improvement of electoral infrastructure and to acting in its own interests, or on behalf of another enhance its staff recruitment policy. In the event person who cannot act for themselves, or acting that the Commission is of the opinion that there in the public interest. The qualification is that is evident reluctance by the Zimbabwe Electoral the Commission needs to demonstrate that a Commission to undertake those reforms, there is fundamental right or freedom enshrined in the nothing that can hinder the Gender Commission Declaration of Rights is being or is likely to be from approaching the courts and seeking an order infringed. urging them to undertake those reforms before It has to be admitted that this approach may the next elections. 14 These were the Commission on Gender Equality, Centre for Applied Legal Studies, the Sex Workers Education and Advocacy Taskforce and the Reproductive Health Research Unit. 15 See Section 85 (3) (d) of the Constitution.

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3.2.4 Research feeder system 4. Conclusion For grounded judgments that speak to lived The establishment of the Gender Commission is a realities in society, it is strongly recommended confirmation of the existence of gender inequality that the courts must make use of reports, and women oppression in Zimbabwean society. submissions and other literature, information and Since the Commission is a new actor in Zimbabwe’s discourses produced by the Gender Commission constitutional framework, its relevance must in judicial adjudication and dispute resolution be emphasised. It cannot discharge its mandate of cases involving gender issues. The increasing on its own, but has to interact with pre-existing complexity of society and legal disputes requires institutions and complement their work. There the judiciary to be well informed about the is potential for the Gender Commission to fluid developments in law and social practice. consummate these relationships with the judicial The Gender Commission can interact with the courts for the benefit of gender equality and other judiciary by constantly generating research human rights outcomes. This paper has outlined which the judiciary can use in relevant cases. The a few opportunities that must be utilised, but research function of the Gender Commission is there is no doubt that the Gender Commission provisioned for in the Constitution, and there has the capacity to generate and implement a is no doubt that such research can be critical in range strategies and approaches. By so doing, it adjudication, law reform and legislative review. can remain relevant, useful and necessary in the The research findings can guide judicial action realisation and promotion of gender equality in and interpretation of the law. Modern judiciaries Zimbabwe. the world over rely on such research in guiding their decision making, and the Zimbabwean judiciary has lagged behind in this area. 3.2.5 The Gender Commission and the Specialist Courts The face of the Zimbabwean court is fast changing, with a move towards specialist courts gaining momentum. At present, there exist the Children’s Court (Juvenile Court), the Family Court, and a special court division in the Magistrates Court called the Victim Friendly Unit, the Labour Court and the mooted Commercial Court. In order to enhance their relevance in Zimbabwe’s legal system, the Gender Commission must interact with these courts since they deal with issues central to gender inequality in Zimbabwe. The interaction may include feeding them with relevant cutting-edge research on issues within its purview, acting as amicus curiae, and making recommendations that would enhance gender equality.

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Women in Mining: Towards A Gendered Paradigm Shift to Participation in the Extractive Industry in Zimbabwe

Gladys Balance

Abstract Women Empowerment Framework (Longwe, 1994). As a phenomenological research, the study There has been a visible paradigm shift towards adopted a qualitative paradigm. For its normative perception about women in economic development prescription, the study recommends systematic in Zimbabwe. Empowerment through access and transformation and collaborative efforts as control of mineral resources has become a new essential novel measures for women’s voices to be gendered economic phenomenon and this has heard. been credited to adherence to the principles of Key words: capabilities, agency, access and the National Gender Policy. The central question control, masculinities, extractive mine, to the research was to interrogate women’s Zimbabwe. participation in the extractive industry and to examine the challenges they encounter as actors 1.0 Introduction in the field. Thematic scope of the study focus on the narratives of women in mining with an The involvement and participation of women in intention to examine how variables: agency and the extractive sector, as in various other economic capabilities impact on effective participation. The sectors can be understood from various models, masculinist formal and informal institutions were theories and schools of thought. For instance, explored and findings were that, males continue Longwe (1994)’s levels of women empowerment to be over-represented in the extractive industry. are perceived as essential variables for the ultimate This was attributed to gender disaggregated data socio-economic empowerment of women. While in representation and the systematic exclusion Sen (1999, 2000) points to the value of capabilities of women from high levels of decision-making and agency in ensuring empowerment. This study processes. Analysis of women miner’s links argues that a dual analysis of these two perspectives with women’s constituencies was sought after can help in understanding women’s participation and women miners associations emerged to in the extractive industry as they both focus on contribute towards unified voices in policy individuals or groups’ lived experiences in this and decision making. The study was guided by section of the study the researcher recapitulates

91 91 Putting Women at the Centre of Extractivism and summarises the economic situation and has worked towards embracing the participation experiences of Zimbabwean women in the past of women in the sector. This goal has seen the decades, focusing extensively on the mining Zimbabwean mining sector move towards sector. Traditionally, the Zimbabwean extractive achieving a common value embedded in gender industry was a male institution par-excellence. equality, where both sexes equally enjoy the As with all other public sectors, this industry has benefits of the industry without discrimination. been characterised by a hyper-masculine culture.1 The first argument profiles the background to the As will be discussed in this chapter, this culture gendered nature of the extractive industry before is significantly made visible by the masculinist the paradigm shift, and insists that current realities tendencies of male over-representation as are reflective of trends and patterns in the history miners, service providers, and mineral traders. of Zimbabwean society. A historical trajectory The disaggregated representation points to from the colonial era to 1980, offers an overview various traditional views and perceptions that on how women were discriminated against in women have no place in the extractive industry the industry, with scholars such as Banda (2012) (Hlongwane and Hove, 2013). exposing the superstition that having women In an effort to align with the international call in the industry would bring misfortune, a belief on gender equality, Zimbabwe, like other states, that warranted the exclusion of women from crafted policies seeking to cushion gendered the sector. From the 1980s onwards, significant interests in all spheres of life. Haartja, Leinaneu, changes have been noted with efforts towards and Mustakallio (2011) argue that sustainable inclusive participation in the public economic gender equality can only be informed by policy; sphere reaching a visible breakthrough. as such this chapter focuses on gendered practices The second thrust of the study scrutinises in the extractive industry evaluating them from perspectives on women’s empowerment, and the premise of the Zimbabwean National Gender argues that there is need to avoid approaches Policy and accompanying legislative frameworks. that consider women as a homogenous group. Women’s participation in the extractive industry The theoretical propositions embedded in Sen’s can be linked to what Matshalaga (2013) refers to capabilities approach (1999, 2000) as well as as ‘good practices in gender mainstreaming’. In this Longwe’s Women’s Empowerment Framework regard, the Zimbabwean Ministry of Mines and (1994) are valuable as they provide a basis for Mining Development (2011), guided by its vision understanding the pull and push factors, which to unlock the mineral resource potential in the contribute towards women either participating country also sought the incorporation of women in mining or simply accepting the view that the in its endeavours. For instance, one such policy sector is a male domain. direction is adhering to the gender mainstreaming The third section of this chapter explains the policy in issues such as acquisition, distribution methodology guiding this study that is driven and reallocation of mining rights. The ministry by a qualitative paradigm and embedded in considers that such an approach can lead to full phenomenology. Goldthorpe (1997) says in any exploitation of the mineral resources by both men phenomenological study attempt should be made and women in Zimbabwe. to understand the lived experiences of those This chapter has a fivefold structure, with under study. As such the focus of the study was its central focus seeking to ascertain how the on the realities of women working as artisanal, extractive industry has made a paradigm shift that small-scale and illegal miners. The fourth section qualifies Longwe (2000) and Sen (1999, 2000)’s 1 Hyper-culture is a culture that portrays male perspectives in understanding gender differences stereotypical behaviours emphasising aggression and in the extractive mine. While the fifth and final sexuality.

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section raises some normative prescriptions note that even though women infiltrated the regarding the way forward to enhancing women’s mining sector, their activities continue to be participation in the extractive mines. compromised by law, which did not allow legal policy changes in the mining sector since 1961. 1.1 Background to the study For this reason in 2018, the Parliamentary There has been a paradigm shift towards attitude Portfolio Committee on Minerals and Energy and and perceptions about women participating activists, including the Women in Law Society in in economic development particularly in the Southern Africa, the Zimbabwe Environmental extractive industry. The attainment of the Lawyers Association and Pane Nyaya Media country’s independence and the subsequent House collectively lobbied for a review of the 1961 relaxation of restrictive colonial laws paved the Mines and Mineral Act to address its limitations, way for black Zimbabweans’ access and control to including those which discriminated against land resources. The situation of both males and women. To date their efforts have not yielded females had been previously compounded by the much positive response. It is thus little wonder colonial legacy where productive land was taken that the sector continues to be masculinised, with by European interlopers. Nonetheless, scholars women’s involvement largely trivialised in both such as Chingarande (2000) Moyo (2000, 2005) the formal and informal extractive industries. Hlongwane (2013) castigated the Fast Track The study is guided by the transformative Land Reform Programme (FTLP) of 2000for its views and perceptions about women’s place in adverse effects on the livelihood of both males and the EI as articulated by the Zimbabwe National females, particularly those who had previously Gender Policy (2013-2017) and the subsequent worked on the white-owned commercial farms. strategies which seek to enhance the participation This chapter, however, takes the view that of women in the sector. Women mining activists despite such criticism, the FTLP unintentionally have in recent times taken to blogging, tweeting paved the way for women’s participation in the and face-book discussions about issues regarding extractive industry (EI). Borrowing from Sen’s women in the mining industry. Thus advocacy is (2000) perspective, this unintended consequence both collective and individual although a closer presented displaced women with opportunities analysis is needed to examine how fruitful this has which, when manipulated, would bring about been for women’s empowerment in the sector and adaptive choices towards livelihood satisfaction this chapter seeks to do this. through mining. The Ministry of Women Affairs, Gender and As mentioned previously, the colonial regime Community Development (MoWGCD) pointed had stringent laws that criminalised any form of to a 40% participation growth rate in women’s mining activities or possession of minerals under participation (Madziva, 2014). However, a report the 1961 Mines and Minerals Act. However, by Nyakanyanga (2017) in the Inter Press News agrarian reform through the FTLRP came with argues that women miners constitute 11-15% a paradigm shift in relation to land ownership, of the estimated 50,000 small-scale miners in access and control of mineral resources. Hove Zimbabwe. Given such statistics, gender equality and Hlongwane (2013) acknowledge how observers continue to express dissatisfaction as the Zimbabwean agrarian reform indirectly the representation remains skewed in favour of contributed towards women’s uptake of small- men. We explore how the National Gender Policy scale mining, as a way to address the feminisation (2013-2017) advances the call for gender equality of poverty. Foraging for alluvial gold and reef in the mining sector, and how the Mining Act gold mining became a livelihood option for many 20:05 is incorporated by the Zimbabwe Mining grassroots women. It is, however, important to Federation (ZMF) and subsidiary organisations,

92 93 Putting Women at the Centre of Extractivism such as Women Miners’ Association (WMA) hands of rival males determined to maintain their to achieve the gender mainstreaming target status quo in the mining sector; thus, as a point in mining. Dial (2017) calls the initiatives by of departure, this study interrogates the causal the women’s collectives, ‘localizing agents in aspects of this masculinised institution. transformative process for gender equality’. A Makaza-Kanyimo (2015) in International report by Madziva (2014) on behalf of the Ministry Women in Mining (IWiM) (2015) looked at of Women Gender and Community Development representation by males against women and pointed out that the Zimbabwean Constitution concluded that women lack agency to take up of 2013 has provided for economic rights, gender the mining challenge. ‘…women have struggled to parity as well as opportunities for sector legislative avail themselves of the benefits and opportunities of and policy reform. In this regard, Milazi cited in large-scale mining operations…’ On the other hand, Motlosa (2001) points out that the elimination of Muheki (2017) observed that ‘women joining the legal restrictions in the economic sector will create sector often come in to perform varied ancillary opportunities for women in the EI. roles which are hardly recognised in the official The membership constitution of Women mining policies.’ These two scholars therefore agree Mining Associations for example in Norton, that presenting women with new freedoms is in and Gwanda districts can be argued to be biased itself not adequate for women to fully engage in towards the middle-class female miners while the EI. The perceived gap from Makaza-Kanyimo’s lower-class artisanal and small-scale miners (2015) discussion is a failure to examine the interests for example in Shurugwi District are not barriers that exclude women from participating represented given their perceived illegalities in in more profitable mining activities. We will the sector. Interaction with middle class women therefore focus on examining the capability sets miner’s points to a new crop of urbanite female that women need in order to participate fully and miners, whose involvement in mining is either productively in the mining sector. exclusively individual or Association driven. In a study on women miners in Kenya, Alube This is in contrast to the rural women who rely (2018) examines the challenges women face. First, on mining as a source of primary livelihood and their participation as small-scale and artisanal participation is largely on individual basis. For miners was not recognised by law. Alube (2018) instance, the process of obtaining a prospector’s also argues that despite mining minerals on a licence, mining lease and basic material resources small-scale and processing them, women are for operating are a challenge for most artisanal still forced to sell their mineral produce at very miners and as such sustainability in their activities low prices. This form of gender exploitation has, has been compromised. Muheki (2017) observes according to Alube (2018), been most visible that because of theses biases, policy makers need in areas such as Kakamege, Tauta and Migori in to understand the variegated ways in which Kenya. women are excluded or adversely incorporated In Uganda, Geenen (2017) points out that into Artisanal Small-Scale Miners. woman in the mining sector constitute 45% of As stated before, efforts have been made by the the work force often in the processing stage of parliamentary portfolio and other stakeholders the minerals, rather than in pricing and selling. to factor a gender component to the amendment Patriarchal tendencies contribute to women’s of the Zimbabwean Mining and Minerals Act voice-less and diminished understanding of Chapter 21:05. We, however, argue that much processes and procedures. Although many studies needs to be done about other factors contributing expose the unfairness experienced by women few towards male over-representation in the sector. In address possible ways of improving the situation practice, female participation has played into the of the women in the mining sector.

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Østby and Nordås (2016) are reporting on this chapter points to the need to evaluate artisanal mining, conflict and sexual violence in how the level of empowerment can contribute the Eastern Democratic Republican of Congo towards women’s sustainable participation in the revealing that armed actors terrorise and drive EI. Through this phenomenological research, out settled populations to control mining areas. the study operationalises Longwe (1994)’s Women’s participation in such situations has thus empowerment perspective allowing the research been compromised by these hyper-masculinised to gather information on how mobilisation sub-cultures. According to Jenkins (2014) males and participation complement each other in violating women on the mining sites have often the empowerment process amongst the female prided themselves on their delinquent behaviour, miners in Shurugwi District. With the principle scandalising pious traditional sexual norms. We of conscientisation in mind, this chapter will note, therefore, how the shifting gendered examines the extent to which the Zimbabwe perspectives in the extractive industry contribute Women Mining Association has contributed towards violence against women, but how women towards the dissemination of knowledge and manage to protect themselves from such bullying provision of relevant mining skills since the gender based. introduction of the Gender Mainstreaming Policy Jovia and Siop (2010) in Papau New Guinea in the Zimbabwe’s mining sector. Understanding (PNG) analysed the gendered issues in the Longwe’s principles of empowerment will add to extractive industry showing that in PNG women an understanding of difficulties encountered by joined the sector from the 1970s to the 1990s as female miner’s encounter working as individuals a result of economic hardship. Thus the literature or collectives in the sector. reviewed above offers a common thread which The chapter also discusses how the suggests that participation of poorer women in empowerment framework by Longwe (1994) can mining is largely initiated by economic privation; be linked to Amartya Sen’s (1980) Capabilities the roles they are given in the industry tend to Approach (CA) in seeking to achieve gender be gender specific and at the bottom end of the mainstreaming in the extractive industry. The payment scale; and, finally, women are often central tenet of the CA is how it lays the foundations subject to sexual harassment. in understanding gender disparities and socio- economic exclusion by explaining concepts Theoretical framework such as opportunity freedoms, functionings/ This chapter considered Sara Longwe and Robert achievements, and conversion factors (Robynes Clark’s 1994 Women Empowerment Framework 2003). The study concentrates on the aspect of in the context of understanding women’s opportunity freedoms and conversion factors (Sen participation in the EI. The framework argues 2000, Addabbo, Lanzi, Piccihio 2008) showing for the empowerment of women by profiling five how these factors compel women to participate in hierarchal levels which include welfare, access, this masculinised institution. Conversion factors conscientisation, mobilisation or participation and as explained by Olejuiza (2012) emphasises on control (Longwe, 2000). The Ministry of Women’s strategic positioning to allow individuals’ access Affairs, Gender and Community Development’s to information and opportunities to participate in strategy, the Broad Based Empowerment male dominated sectors. This chapter therefore, Framework is examined in relation to the focus on how gender roles in the EI contribute Empowerment approach, showing how various towards inequalities in the EI. women’s organisations and companies have Methodology contributed towards building women’s capacities in the mining sector. Using Longwe’s framework, The study was on women in mining, focusing

94 95 Putting Women at the Centre of Extractivism on the gendered paradigm shift in the Extractive interviews, observations and photography. The Industry in Zimbabwe. Guided by an objective of gold separators were the targeted group for interrogating the lived experiences of women in observation because the study sought to gather mining, the study adopted a qualitative research data on the specific gender roles and the skills approach reinforced by a phenomenological employed by women in the processing of the design that emphasised the lived experiences of mineral. Observations also sought to find out female miners at the Big Valley and Wanderers the extent to which the gender practical needs of mines in Shurugwi District in the Midlands women were provided for at the sites taking into Province of Zimbabwe. The targeted population consideration issues regarding accommodation, consisted of female and male artisanal miners water and toilet facilities. Complementary data and representatives from the Women Miners was generated through photography and in- Association. Data from the Women’s Association depth interviews. Secondary data was generated was meant to provide data on the processes and through review of related literature from the procedures in acquiring mining licences as well Ministry of Women, Gender and Community as showing what has been done in relation to Development reports on Women in Mining. The enhancing women’s access, conscientisation, study uses secondary data analysis to evaluate mobilisation and participation in the mining the applicability of crafted mining policies in sector. Zimbabwe. The data was analysed qualitatively, The sampling procedure followed the purposive using emerging themes from the in-depth sampling strategy. The two sites had categories interviews. This followed King and Horrocks of women involved in different mining activities; (2010) views on analytical and logical reasoning. these ranged from female fruit and vegetable The data extracted from the interviews was vendors, fast foods vendors, laundry service compiled into information that could provide providers, gold separators as well as commercial normative prescription to change the situation of sex workers. However the study focused on the women in the Extractive Industry. female gold separators, popularly known as 2. Research Findings ‘Serengeti’, these women had direct experiences with the mining and processing of the gold mineral at the selected sites. The researcher personally 2.1 The ministerial role in women interviewed these participants, the decision to empowerment carry out interviews was in line with Creswell ( ) The Ministry of Women’s Affairs, Gender and view that interviews allows the research to be in Community Development being one of the control of the line of questioning. The interviews country’s major drivers for gender equality gave women a platform to give personal provided the government standpoint on the narratives on how they managed to get into the mainstreaming of women into the extractive male dominated domain and their strategies industry. Data was mainly generated from of survival in a pervasive hyper-masculinised the ministerial documents and reports, mining culture. The limiting factor was that some which analysed the gendered nature of such of the sampled participants were not perceptive participation. Findings in this current study on answering interview questions. The sample concur with the ministerial views on persistent size was not predetermined in this study. The gender inequalities; interviews on ownership qualitative nature of the study entailed that data of mining claims by women showed that in as had to be generated to a point of saturation, were much as women had interest in doing so, their no new data was generated. access to mining claims was not guaranteed. The instruments for data generation included This observation is contrary to sections 17, 56,

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80, and the founding values in section 3, of the participation becomes apparent. Reponses 2013 Constitution of Zimbabwe that calls for gathered from the study showed that women have gender equality and prohibits discrimination on fervent internal agency to engage in mining. the basis of sex and gender. Further, the lack of However, as noted earlier, in Longwe’s access to economic opportunities is in violation Empowerment Framework, building women’s of the vaunted position of the Ministry of Mines capacity to participate through training and and Mining Development on the allocations and access to financial and other requisite resources is distribution of mining rights through Exclusive of paramount importance. Observations made on Prospecting Orders. In relation to Longwe’s views the sites were that women required assistance from on women empowerment, it can be concluded stakeholders to chart away forward which would that women interested in participating in the allow them to benefit from their participation. The mining sector were systematically disempowered study also noted a high degree of dissatisfaction and disenfranchised through reduced access amongst the women at the sites. They argued that to culturally male-dominated resources. Most despite their hard labour, while being exposed to importantly, law and policy entrenched the deadly mineral processing chemicals, they were disenfranchisement, instead of addressing it. not respected but instead felt manipulated and exploited by their male counterparts. 2.1 Views and perceptions on female participation in the sector 2.4 Satisfying practical needs vs The respondents expressed concern that they gendered role expectation could not afford permanency at the sites given the Our findings showed that women’s working societal connotations of women as ‘makorokoza’ agency at the mine was driven by the need to (mine husslers). One elderly woman interviewed satisfy their and their family’s immediate needs; expressed fear of being named as working as indeed poverty drove the women at Wonderers. gold panner; her views were synonymous with This finding reinforces what Mahmoud and findings from women miners at the Big Valley Daoud (2005) referred to as wage employment Mine in Shurugwi (BVM) and Wonderers Vital for the purposes of survival. However the (WV) that their participation in EI was a guarded respondents pointed out that they do not have secret. They said they did not want relatives the freedom to permanently remain at the mining and friends knowing that they are ‘makorokoza’. sites for as women they were also needed at home Given the magnitude of anxiety, participation by to fulfil their roles as wives and mothers. women in the mines becomes unsustainable and, Respondent 1: ‘As a woman, I only come here for as such, bridging the gender inequality gap in at least two weeks to a month, before going back mining becomes difficult. home to solve other issues’ 2.3 Women’s agency and capabilities Respondent 2: ‘.I cannot afford to continue to participation in the EI working here for more than a week, I have to go An analysis of theory vs practice of the mining back home to my family, they cannot know that I policies in Zimbabwe reveal that the liberalisation do this business. What will they think about me? measures introduced in 2009 seeking to increase All they know is that I am a cross border trader mineral productivity by mechanisation for the Respondent 3: ‘Musandintore mapicture please small-scale mining has indeed been embraced kondikazoonekwa. Ini handidi kutozikanwa kuti with enthusiasm by women in the trade. These kuno ndokubasa. (No photo shoots for me please, findings support Sen’s (2000) view that when no one should know my trade). opportunity freedoms are availed to the people, The responses above would also suggest that

96 97 Putting Women at the Centre of Extractivism culturally and socially, society is very critical of and significant involvement in this sector. There any one they deem to be a makorokoza. Such is dearth of knowledge by female miners on the conflicting gender expectations and ascribed value of the formation of localised associations. roles therefore impact negatively on women’s For instance, the study noted that the female participation in the EI. They may have both the miners were not aware of the existence of the desire and the capability to work on the mines, formal institutions such as ZMF or the need to but when duty of motherhood calls they are create their own local WMA which can assist them forced to put a hold on the mining activities. As in getting organised for the purposes of accessing long as women have divided economic attention, funding for sustainable mining operations. their survival in the EI becomes unsustainable Without protection from organised and relevant and this has evidently exacerbated the over- organisations in the sector, women will continue representation of males whose gender roles are as victims of the crippling patriarchal control more flexible. Continued working opportunities of the lucrative mining value chain and the for women in the EI are doomed as theirs is profit nexus that comes with the mining sector. basically a hand-to-mouth economic activity. Examples given were, ownership of mining Challenges in maintaining gender relations claims, pricing and the selling of the minerals. between the sexes have also contributed towards Female respondents lamented the lack of control unsustainable participation in the EI. It has in the entire processes which left them with no been revealed that women at the mines provide choice but to accept what ‘trickles’ from the males various services especially to the male miners; the coffers despite the hard work that they also input women argued that there was need for them to nor the dangers they subject themselves to during maintain consistent relations with male miners the mineral-ore separation. to ensure that they are constantly given work to 2.6 Male Domination in the EI separate the gold from the ore. Therefore taking time off from the mines meant an interruption While the inclusion of women has been broadly in the established relations that often resulted welcome in the EI, males in the industry continue in competition for securing the part-time job of to criticise women’s involvement as unsustainable separating the minerals, a process referred to as and a potential hindrance to male success. Men ‘Serengeti’ interviewed portrayed patriarchal tendencies by lamenting the hazards that women encounter, 2.5 Changing the mining story: Women arguing that women are better off staying at Miners’ Associations home than trying to be like men. One respondent The issues of women empowerment arguably argued that: require concerted efforts by those sharing the ‘Wakadzi wanotitadzisa kubata Mari awa’ (these same view of empowerment through economic women cause us to fail to hit the gold ore).Such participation. In the background to the study it sentiments shows the extent of male superstition, was discussed that collectivism is essential and with views embedded in the belief that women the principles of mobilisation as identified in the can bring misfortune to their productivity in the Longwe framework were elaborated upon. Our mining fields. These findings are in accordance findings revealed that despite having a statutory with Lahiri-Dutt and Macintyre (2006) on the commitment to mainstreaming women in the stereotypical labelling of women in the EI which EI, the Zimbabwe Miners Federation (ZMF), they argue reduces women’s participation in this working with Women Miners Association sector. (WMA) still has a long way to go to assist the female miners to achieve equal participation

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2.7 Male over-representation in the EI unruly male elements is said to be a pre-requisite for one to survive in this environment. The The study sought to understand the basis of male’s findings therefore support views by Scheff (2006) over-representation in the EI and our findings who also argued that females in male-dominated shows the relationship between claim ownership sectors adopt male attitudes as survival strategies. and participation were intrinsically linked. The findings are contrary to a general view that Theoretically, it may be argued that women have male behaviour towards women is detrimental been presented with the opportunity freedoms to to their participation in the EI. Thomas (2006) take up mining and own mining claims in their points to the hyper masculinist culture perceived own right. However the reality on the ground to be the main focal point of men’s violence and in the mines visited was that no women owned sexual callousness; Jovia and Siop (2010) and claims. Instead, all the women present at the time Jenkins (2014) argued that violence in the EI is of data collection were those who sub-contracted mainly perpetuated by male miners while females their services to the male miners. Services were the victims of circumstances. Our findings provided by the women were typically gendered also contradict Alube (2018), Østby and Nordås in nature, including gold separation, cooking and (2016) who stress the vulnerability of women to selling cooked foods, fruits, drinks, etc. Some sexual harassment. women provided part-time laundering services The only time the respondents acknowledged for their male colleagues. the threat of violence against them in their camps 2.8 Domination by aggression was said to be when women chose to prostitute Women have traditionally been observed as the themselves. Otherwise, no harrowing personal weaker and fairer sex. However findings at the accounts of sexual harassment or misogynistic mining sites revealed otherwise. Responding predatory behaviour was recorded at the sites to the questions on the incidence of violence during the study. and abuse, female participants offered shocking 2.9 Challenges faced by females in the revelations of a new crop of masculinised and EI often violent female. Adopting a masculinist violent culture is a new survival strategy by which The study revealed that participation by women in some women secure their position, access and the EI is without adequate financial and material control of the minerals and financial resources. support. The findings are contrary to the Ministry One respondent revealed that: of Women’s Affairs Gender and Community Development’s apparent thrust towards effective ‘Chikorokoza chinoto kukombamadza, participation of women in mining. The Zimbabwe ukapusa unoitiswa’ (This mining hustling will Mining Federation), working in conjunction with toughen you up or else you become subject to Women’s Mining Association has yielded very exploitation and manipulation) little in terms of equipping grassroots women Another respondent pointed out that. with necessary mining skills and knowledge. ‘Hatina kupata zveku shandiswa pano. The observation was emphasised by negative Takatouuya kuzoita mari.’ (We are not a stupid responses gathered from selected participants lot. We know why we are here, our agenda is to who professed ignorance of the existence of these make money and not to be used). organisations. A paradigm shift in the nature of gendered a) The housing challenge relations, which previously placed women at the Failure to satisfy Maslow’s hierarchy of needs such mercy of their male counterparts, is highly visible as shelter and security was evident in the study. in the above responses. The ability to deal with

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The mining sites visited revealed an absolute appear like a simple task but there is dangerous lack of investment in standard accommodation. exposure to mercury. Neither the Ministry of For a sector known for its financial assets, the Mines and Mining Development, or the middle working and living conditions for the women men representing Fidelity Printers that buys gold are unacceptable. The picture below shows part direct from these producers has made any effort of the huts made of pole and dagga serving as to ensure that women understand the dangers of housing units for the female miners. Noteworthy the chemicals to which they are exposed. From a was the lack of the toilet facilities and this left the Longwerian perspective of empowerment, there researcher questioning the gender responsiveness is a lack of shared information about the health risks in mining.

of this sector to the primary needs of the women in mining. The suitability of huts , such as the one above, was Gladys Balance learning how to process the gold by separating the mineral from the slime using the in our view problematic with regards to the safety ‘Serengeti’ method. (Note the lack of protective of the women, especially considering the larger clothing: not even aprons or gloves.) male population and the general fear surrounding the perceived uncouth behaviour of the male c) The need to access mining machinery makorokoza. Interviewed women were emphatic on the need b) Health hazards to be assisted with mining resources that would lessen their burden and at the same time allow The experiences of women at the two sites them to take control of the production process. revealed how women’s health is at risk. The The general feeling was that if women had two participants pictured below show a typical ownership of the stone-crushing machines it ascribed gendered role, separating gold from the would benefit them directly. Currently they have slime, a process popularly known as ‘kuserengeta’. to wait upon concessions from men. Below is a The team relates to how women use stones to stone crushing motorised machine used at the smoothen the mixture of crushed gold ore, water site that women said they would also be happy to and mercury in an effort to trap gold particles own. present in the mixture. This process might

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As with the ‘Serengeti processing technique’ here either the copper plate or small pieces of Motorised stone crusher at Wonderers Mining Site soft blanket are used to trap the gold particles. Another participant pointed out that with the An example of a blanket used by women at the nature of profits that owners of the gold claims BVM mine to trap gold particles is shown below. were making; there was need for the standard The collected slime is further processed with of production to be improved for the benefit of the women only being required to monitor the women who were at risk. Women referred the machines. researcher to a plant at the BVM mine which they believed served as a typical example of an ideal plant. The photograph (top left) shows the milling machine combined with the copper plate gold separating mechanism as viewed by the researcher at the Big Valley Mine. The two photographs (below show how the gold ore is crushed by motorised stone crusher and the separation is done by trapping the gold particles on copper plate. The pictured man demonstrates how the gold ore is loaded into the hammer mill while the woman shows how the liquid slime flows onto the copper plate were the gold particles are trapped. The advantage of this mechanisation is that women are not exposed to deadly chemicals.

The blanket shown above was said to be ‘the blanket of choice’ because of its characteristics i.e. that it is soft, tightly meshed, and not slippery.

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3. Discussion effect on women’s participation in the EI. The persistence in domination is despite emphasis on Evaluating commitments by women’s women’s participation in the mining sector tabled organisations towards female participation in the Zimbabwe National Gender Policy (2013- in the EI, we suggest that they have partially 2017) and the United Nations Development fulfilled their mandate. Very little is known Programme Strategic Plan (2014-2017). In about the role of the ZMF and the supporting relation to the ministerial call for Women’s organisations formed under the banner of economic empowerment, literature relating to ‘Women Miners ‘Association’ by women at the Ministerial Broad-Based Women Economic the Wonderers and BVM mines. Interviews Empowerment Framework shows efforts towards with participants at these mining sites reveal affirmative action in the mining sector (Madziva that, they are not aware of the existence of such 2014). In this regard the framework encouraged organisations. This, therefore, substantiates the identification of individual women, women’s view that there is a gendered divide amongst organisations companies and partners interested women in the mining sector. This view supports in mining. The study identifies the following Sen’s perspectives on complimentary conversions, organisations that have made efforts towards which were expected to play a pivotal role in embracing gender mainstreaming in the mining fostering collaborative relations between the sector; in Matabeleland, the Mthandazo Women formal institutions Zimbabwe Mining Federation in Mining Centre in Gwanda District and in (ZMF) and Women Mining Association (WMA) Mashonaland West, the Chiwero Women in and women coming from the marginal mining Mining in Norton District. The Framework also areas in the Midlands Province. Clearly a sought to identify investment opportunities in professed lack of knowledge of such institutions the mining sector that women can participate in. reveals their lack of inclusion within or support Findings were that women in the selected mining from them. sites only have access to gold production but they The study failed to access any data linking female unfortunately do not control the gold claims, the grass-root miners and formal institutions from pricing of the processed mineral and its selling both women miners associations and the women thereof. These privileges are a preserve for the miners themselves. Such outcomes reinforced the males in the sector. In reality the situation of the gendered divide, with women working on the women in this sector relates to Sen (1999, 2000) mining sites lagging behind in terms of access to postulations on social conversions were norms set important mining skills, knowledge and funding. up by society tends to uphold male dominance Given our observations, we conclude that it will and control of all valuable resources. be a while before the significance of women as As a result of the social conversion at play in partners in the mining sector is recognised. the mining sector, the policies to end gender The study sought to find out if female miners discrimination and include women’s interests are able to realise their full functionality in the have not been fulfilled. The marginal status of mining sector. We refer to Walker (2016) for our women, particularly those in the artisanal, small- definition of functionality. He points out that scale and illegal mining sectors, has invariably capabilities expose the extent to which agency contributed towards women settling for less. As – i.e. the power to take advantage of policies to stated above, women in the selected sites depend achieve wellbeing – can be understood in relation on their male counterparts for financial gain to women’s empowerment. through subcontracting gendered services such as It can be affirmed that the patriarchal system cooking, washing and vending, and even as was dominating the mining sector has had a negative implied, commercial sex workers.

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Conclusion and Today’, in the Midlands Observer 13 January 2012. The argument that can be advanced from the Goldthorpe, J. H (1997) ‘Current Issues in above discussion is that the mining sector is still Comparative Micro Sociology, a Debate on male dominated. A sizeable number of females Methodology Issues’. Comparative Social have used their individual and collective agency Research 16, pp. 1-26. to venture into this domain; however these women continue to play second fiddle to their Cuvellier, J (2014) ‘Work and Masculinity in male counterparts as shown by the gendered Katanga Artisanal Mines, Democratic Republic roles they have to contend with in the mining of Congo.’ African Spectrum 49:2, pp. 3-26. fields. Longwe (2000) clearly states the need for Chingarande, S.D. (2010). ‘Gender and women’s empowerment embedded in access, Livelihoods in Nyabamba A1 Resettlement conscientisation, mobilisation, participation and Area, Chimanimani District of Manicaland control, however such attributes have been seen Province in Zimbabwe’. Livelihoods after Land to be lacking amongst women in the artisanal Reform Project Working Paper 5. Institute for mining sector. The article therefore concludes Poverty, Land and Agrarian Studies . South that failure to adhere to the above principles will Africa: PLAAS. mean women in EI will continue to play-typical Creswell, J.W (2009) ‘Research Design gendered roles such as cooking, washing clothes, Qualitative. Quantitative and Mixed Methods selling foodstuffs and providing sexual favours Approaches’. Sage, University of Nebraska- to the male miners at the expense of controlling Lincoln. mineral production in their own right. The study Hove, E.F and J. Hlongwane, J (2015) ‘A Step into also argues for a gender sensitive policy approach the Male Dominated Mining Sector: Women’s that would address gendered limitations in the Participation in Mining: The Case of Kwekwe sector in as far as accessing mineral claims and District, Zimbabwe’. Journal Of Humanities and owning mining equipment is concerned. Finally, Social Science (IOSR-JHSS), 20:7, pp. 99-104. the study calls for commitment from women’s organisations that purport to support gender Haataja, M. L., E. Leinonen, and S. Mustakallio, mainstreaming in EI, to ensure that women (2011) ‘Gender Mainstreaming in in the grassroots mining areas have access to Development Programs and Projects. Guide financial resources as well as sound information for Authorities and Project Actors.’ http:// dissemination for the betterment of their mining www.wom.fi/Gender_mainstreaming_in_ endeavours. projects(2011)Haataja_Leinonen_Mustakallio. As its normative prescription, the study pdf recommended a systematic transformative and Lahiri-Dutt, K and M, Macintyre (eds) (2006) collaborative effort which is figured in the study ‘Women in Artisanal and Small Scale Mining, to be an essential novel measure for the women’s Women Miners in Developing Countries: voices to be heard and respected in the sector. Pit Women and Others’. Ashgate Publishers. Farnham. References Javia, I. and P. Siop, P (2010). ‘Paper on Alubbe, F. (2018). ‘Focus on Land. Challenges Challenges and Achievements on Small Scale Facing Women in the Extractive Industry.’ Mining and Gender. New Papau New Guinea, Land and Rural Development Institute. World Challenges of Small Scale Mining and Gender’. Resources Institute. Kenya. Papau New Guinea. http://www.un.org/esa/ Banda, T. J. (2012) Women and Mines; ‘Yesterday dsd/resources/re_pdfs/csd-18/10may/pm-

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SIDSday/presentation_javia.pdf. Accessed 28 GenderPolicy, 2013-2017’. Government of July 2016. Zimbabwe, Harare. Jenkins, K. (2014) ‘Woman in Mining and Moyo, S. (2000) ‘The Land Question and Land Development, an Emerging Research Agenda’. Reform in Southern Africa’ http;//www. Journal of the Extractive Industry and Society, researchgate.net.publications/265399766 1:2, pp. 329-339. Motlosa, K. (2001) (ed) ‘Migration and Longwe, H. S. (1991) ‘Gender Awareness: Development in Southern Africa’. Sapes Trust. The Missing Element in the Third World Harare. Development Project’ in Wallace, T. (1991) Muheki, S and Geenen, S (2017). ‘Women in and Changing Perceptions: Writings on Gender and out of artisanal mining: A Call for Revising Development. Oxfam, Oxford. Uganda’s Drafts Mining and Minerals Policy.’ Longwe, S. H (1994) ‘ Breaking the patriarchal IOB Analyses and Policy Briefs 25, Institute of alliance: governments, bi laterals and NGOs’, Development Policy. University of Antwerpen. Focus on Gender: Perspectives on women in Nyakanyanga, S (2017) ‘Women Miners Stake Development, 2:3 pp. 62-9. a Claim in Zimbabwe’. http://www.ipsnews. Longwe S. H. (1994) in C, Sweetman (2000) net/2018/03/women-miners-stake-claim- ‘Women and Leadership’. Gender and zimbabwe/ Development.http://www.tandf.co.uk Rustad, S. A., G. Østby, and R. Nordås, R (2016) Madziva, S (2014) ‘Report on Status of Women in ‘Artisanal Mining, Conflict and Sexual the Mining Sector.’ Ministry of Women Gender Violence in Eastern DRC’. The Extractive and Community Development. Harare. Industries and Society, 3:2, pp. 475-484. Makaza-Kanyimo, D. (2015) in IWiM (2015) Scheff, T. J. (2006) ‘Hypermasculinity and ‘South African Female Miners: Breaking violence as a social system’, Universitas, 2:2 New Ground for Gender’. International 1-10. Women in Mining CIC Company. http:// Sen, A. (1999) Development as Freedom. Oxford internationalwim.org University Press. Oxford: Mahmoud, A.T.E., Y. Daoud, Y and R. Khalid, Sen, A. (2000) The Idea of Justice. Allen Lane. (2005) ‘A Model for the Palestinian Labour London Markets and Wage Earnings.’ United Nations Sen, A. (2003). ‘Missing Women Revisited’. British Conference Paper on Trade and Development. Medical Journal, 327, pp. 1297–99. Palais de Nations. http://www.researchgate. net/publication/228455369_A _model for United Nations Development Program. the Palestinian labor_markets _and_wage_ ‘Women Empowerment Mining a Fortune’. earnings. Successstories /women-empowerment-mining –a-fortune.html Matshalaga, N. (2013) : Gender Mainstreaming in Development Programming’. UN Women New Walker, M (2010) ‘A Human Development and York. Capabilities ‘Prospective Analysis ‘of Global Higher Education Policy’. Journal of Education Ministry of Women Affairs, Gender and Policy, 25:4, pp. 485-501. Community Development. ‘Zimbabwe National Gender Policy 2004’. Government of Zimbabwe. Harare. Ministry of Women Affairs, Gender and Community Development. ‘Zimabwe National

104 10

Adolescent Commercial Sex Work – A Health Concern: A Case Study of Penhalonga Mining Community

Wonder Chinhuru

1. Introduction community on about whether adolescent commercial sex work is a health concern. Since The study focused on examining how adolescent this investigation aimed to shed light on health commercial sex work (ACSW) is a health concern concerns resulting from such commercial sex particularly regarding its impacts on the sexual work, it speaks to an audience of community and reproductive health of adolescents. By way of leaders, policy formulators, community health definition legal theory, adolescents commercial workers, youth representatives, parents/guardians sex work is defined survival sex by children below of young adolescents and most importantly, the the age of 18, who offer themselves or are offered for adolescent themselves. the sexual satisfaction of normally adults usually Mining towns in Zimbabwe provide in return for food, money, drugs, protection by overwhelmingly male-dominated employment gangs, shelter and sometimes and strangely love and tends to create and reinforce masculine- (Hesselink-Louw, Bezuidenhout and Boniface, oriented cultures in mining communities. The 2004). The term ‘adolescent’ refers to a young consequences as evidenced by women and girls person in the process of developing from a child who are excluded from the direct economic into an adult, who includes but is not limited to benefits of mining and have negative social and the following- a teenager, youth, juvenile, young economic impact. While the evidence of these person or young adult, young woman or young gender imbalances within the mining communities man, lad, lass, minor, pubescent. While there are is clear, that prevailing emphasis that women, as a no universally accepted definitions of adolescence group, regardless of occupation or choice, are its and youth, the United Nations understands victims is obvious when we consider the market adolescents to include persons aged 10-19. for commercial sex. This study investigated the impact of adolescent commercial sex work on the reproductive health 1.1. Background of these young people in mining communities. In Today, adolescents comprise almost half of pursuit of this objective, the study concurrently the world population. They have reproductive explored perceptions within the Penhalonga rights just as adults do. Despite the numerical

105 105 Putting Women at the Centre of Extractivism advantage their low social status, lack of explore the severity of adolescent commercial autonomy and physical vulnerability make it more sex work in small mining communities such as difficult for them to exercise those rights. Human Penhalonga. In recent years, given the socio- rights violations that encounter include lack of economic challenges, mining communities have comprehensive sexual education, lack of access to watched helplessly as adolescent commercial sex confidential health care services, child marriage work outpaces the efforts of the government and and sexual violence. However, government- development partners to stop this growing social development partners and human rights groups disaster. have a duty to protect and promote reproductive Driven by unequal gender-biased economic and health rights for adolescents. However, such social factors, which support men at the expensive advocacy often challenges the status quo in many of women and young girls, cases of adolescent HIV Zimbabwean communities where it can spark and AIDS, STIs, unwanted pregnancy and illegal, controversy. unsafe abortions as a result of unprotected sex, Zimbabwe provides a salient example about continue to grow. Culture and patriarchy continue how mining community structural factors shape to position women on the economic periphery of adolescent choices. Adolescent commercial sex mining communities, thus pushing women and work is a prominent issue in many fragile mining girls into commercial sex work. communities. Ten pregnant students at Orton’s 1.2. Statement of the problem Drift Secondary School in Chirumhanzu were writing their O-level exam, having fallen prey to Adolescent commercial sex work within illegal gold panners who can buy food and provide Zimbabwe remains socially and legally hidden. temporary social security for the young girls in Victimisation and abuse by socio-economically return for sex.1 Adolescents’ girls in Penhalonga powerful male patrons, an absence of decision- mining communities are being forced to survive making powers and financial vulnerability on the crumbs that fall from the mining table while make adolescent commercial sexual work a men feast on the cake. Culture and patriarchy health time bomb in mining communities. That are colluding to keep adolescents from claiming adolescents are generally excluded from the use their rightful seat at the table and securing their of sexual reproductive health services aggravates own slice of the cake. For many adolescents in the situation. Silverman (2011) argue that, mining communities, commercial sex work well-intentioned, ethical guidelines often limit presents one of few livelihood options, despite its recruitment of children into studies, and many association with the high risk of contracting STIs researchers, fearing the controversy that may (sexually transmitted infections) and HIV and result from working with vulnerable young people AIDS (Zimbabwean National Statistics Agency continue to exclude adolescent commercial sex (ZIMSTAT) and ICF International, 2012). workers from research in to reproductive health. Understanding the dynamic nature of According to Pettifor et al., (2009) adolescent adolescent sex work is important if we are commercial sexual work may increase the risk to explain the course of adolescent health of HIV infection and particularly in mining and wellbeing. While health development communities where the prevalence of HIV is interventions targeting commercial sex workers already high. may alter the dynamics of the sex trade in Given the potential role of adolescent particular localities, little has been done to commercial sex in increasing the risk of HIV infection, better understanding of the context of 1 https://www.newzimbabwe.com/gold-panners- these activities is needed to enhance behavioural impregnate-16-girls-at-same-school-10-of-them- intervention programmes. These should currently-writing-o-level-exams/

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persuade education services, that include sexual c) to find out what can be done to improve reproductive health, to adopt a teenage friendly sexual reproductive health outcomes of perspective while also advancing socio-economic adolescents. rights of young adolescents (Pettifor et al., 2009). Such programmes should be grounded on a deep 1.6. Significance of the study understanding of gender power relations and the The rationale behind this study was to explore the social-economic factors which drive them. experience of vulnerable adolescents in a mining According to Ministry of Health and Child community. Interaction and observation of their Welfare, (2011), within Zimbabwe, non- day-to-day living revealed that adolescents often governmental organisations and government live in dehumanising conditions with exposure to have tried to address adolescent commercial social risk factors such as poverty, disease, HIV sex work focusing on large mining cities such and AIDS and the high burden of exclusion. as Hwange and Zvishavane, and border towns That such conditions co-exist with scenic such as Beitbridge and Chirundu; small mining landscapes and lucrative mineral deposits only towns such as Penhalonga, where commercial sex makes vulnerable young people without access work has been on the rise, have been excluded. to education or ownership and control led us The research fills in the knowledge gap about to examine adolescent commercial sex work in adolescent commercial sex work and reproductive mining communities. health in this small town This study hopes to be of benefit to the youth, parents, policy advocates and women’s 1.3. Research problem organisations. Our findings should lead to As drawn from the above assertions, the key further research and contribute towards the new research issue revolved around the extent to and growing body of knowledge on adolescent which adolescent commercial sex work plays a commercial sex work and reproductive health significant role in fuelling teenage pregnancy, It was significant in that our research revealed teenage abortions and the spread of STIs and how basic concepts of gender and power within HIV/AIDS among adolescents in Penhalonga. context of access to and control of resources, female empowerment and culture can either 1.4. Aim and justification for the study empower or disempower adolescents. This was to investigate the impact of adolescent Study area commercial sex on adolescents’ reproductive health. The findings were expected to provide a The study was conducted in Penhalonga, 18 km unique understanding of the effects of commercial north of Mutare. It is one of the oldest mining sex work on adolescent reproductive health. villages in Manicaland and is situated in a valley The results are expected to inform various child where the Sambi and Imbeza rivers meet the protection and reproductive health and mining Mutare river. policies as suggested in our recommendations. 1.7. Target population 1.5. Research objectives The target population comprised of people These are: between the ages of 12 and 16, who are directly affected by the exposure to commercial sex work. a) to establish factors leading to adolescent We also considered people in the 18 to 30 age commercial sex work. group, so as to ensure that the sample consisted b) to examine how adolescent commercial sex of a sub-set of mature people, able to comprehend work is a reproductive health concern in the issue of adolescent commercial sex work and mining communities.

106 107 Putting Women at the Centre of Extractivism reproductive health. The study recognised ethical from the study at any point, if they so desired. considerations in respect of acquiring informed Participants were also informed that they could consent/assent for minors below the age of 18. choose not to answer questions about which they We further recognised that acquiring parental/ felt uncomfortable. Participants were also given guardian permission was not a reasonable freedom of action and choice to decide whether requirement given the characteristics of the to participate or not. No respondent was forced population and the acute vulnerability of the overtly or covertly to participate in the research. group being studied. Confidentiality was also discussed with the participants before they participated in the study. 1.8. Limitation of the study Participants were told that the information they The sample size was relatively small which provided would be made available to no one restricted the accuracy of generalisation of the other than the researcher. Oliver (2000) stated study findings beyond the participants and that confidentiality is commonly understood locality of the study. The role of adolescent as keeping the principle of privacy. The report commercial sex work and reproductive health respected the legal and human rights of factors cannot be studied over a short period. respondents and did not violate the rights of It requires a longitudinal study involving time any participants. The respondents’ rights were series designs and cohort studies. Penhalonga is respected, dignity and self-respect was preserved, not an ethnically diverse town as reflected by the while all were treated equally and no respondent fact that all participants were black and Shona- was discriminated against on the basis of their speaking. Consequently, the comparison of data race, income level gender disability status or among different races and ethnic groups was not any other individual characteristics. Anonymity possible. Due to the sensitive nature of the study, was assured. According to Bless et al. (2006), some of the respondents did not feel comfortable anonymity means that the researcher cannot answering certain questions honestly or they gave identify or associate a given respondent with his socially desirable responses. The researcher had or her name and that participants’ data would to rely on the co-operation of respondents but in not later be associated with their names or other a situation where some interviews failed to co- identity but rather numbers were assigned to their operate due to the sensitivity of the topic. respective information. 1.9. Ethical considerations 2. Research Methodology and This research endeavoured to adhere to ethical Methods standards. Newman (2000) indicates that every researcher should be ethically sound in order 2.1. Introduction to protect the participants from any physical or In this section the research techniques of the psychological harm and at the same time treat study are presented. Research techniques refer participants with respect and dignity. to instruments that were used to collect data Creswell (2003) stipulates that a critical issue during the research process. A mixed method in all research is that the participants should approach which combined both quantitative and grant informed consent before participating in qualitative methodologies was used. Qualitative the study. Prior to the research, the researcher methodologies such as key informant interviews clarified the nature of the research to each and in-depth interviews and a quantitative participant and thus participation was voluntary questionnaire were employed. and based on informed consent. The participants were also informed of their right to withdraw

108 Adolescent Commercial Sex Work – A Health Concern

2.2. Data collection strategies push adolescents into the most vulnerable and impressionable in mining communities (Surujlal In-depth interviews were used in gathering and Dhurup, 2010). data. They provide a quantitative technique as one conducts interviews with a small number 3.2. Drivers of adolescent commercial of respondents to explore their perceptions with sex work regard to a particular idea or topic. This approach was compatible with the theoretical inclination Adolescent challenges are directly related to of the study. Interviews were conducted using an their economic vulnerability the majority interview schedule containing both open-ended of adolescents undertaking commercial sex questions and closed semi-structured,-self- work do so for financial reasons due to lack of administered questionnaires. alternative employment opportunities within In this way, the researcher was able to capture mining communities. Thus, the main underlying the richness of participants’ experiences, views, cause in Penhalonga is poverty, as is the case feelings and attitudes about adolescent commercial globally. In addition, stigma reduces or limits the sex work. However, because the number of in- adolescents commercial sex workers’ access to depth interviews was relatively small, we cannot formal financial services thereby making them use them to make generalised assumptions dependent on commercial sex work in a vicious regarding the whole population. cycle. Mining communities’ socio-economic structures and power dynamics further diminish 2.3. Data analysis the adolescents’ capacity for employment due to a This study used Statistical Package for Social lack of skills; low education levels the illegal status Sciences (SPSS) to analyse the quantitative data. of their work, poor backgrounds and lack of better Descriptive statistics technique was used for data opportunities all work together to decisively and analysis. According to Daffield, (1998), the process firmly place adolescent commercial sex work on of SPSS begins by defining a set of variables, and the outside of socio-economic development in then entering data for these to create a number of terms of access to means of production. cases. SPSS was also used because this software Due to gender power relations in mining helped the researcher to summarise data, compile communities, certain sections of the population tables and graphs and examine the relationship are more disadvantaged than others. Adolescents between variables as well as count the number face multi-dimensional challenges-systematic of respondents and their responses which exclusion due to the persistent barriers embedded were subsequently changed to percentages and in laws, policies and local norms pushing frequencies (Barbie and Mounton, 2001). adolescents out of the mining economic cycles into commercial sex work (The Herald 01 March 3. Discussion of Findings 2017). Adolescents are vulnerable to impacts Introduction from crises that shape mining structures and systems. Inequalities, social exclusion and lack of alternatives hamper the socio-economic 3.1. Adolescent commercial sex work development of adolescents. Commercial sex work is one of the most Poverty, poor living conditions, lack of access horrific violation of human and child rights to education, water, food, accommodation due that adolescents in mining communities silently to the patriarchal nature of mining communities endure. Adolescent commercial sex work has are key indicators of misery of adolescents (Veiga, become an urgent human rights and humanitarian 1997). Without access to resources, adolescents crisis. The gender parity gap continues to in mining communities cannot assure their own

108 109 Putting Women at the Centre of Extractivism survival let alone contribute to the development in patriarchal culture increase vulnerability of of their families hence they resort to commercial adolescents. Given the socially stigmatised nature sex work. Adolescents are enticed from extreme of their work, ACSWs are left without recourse poverty-stricken household situations to to legal protection from threats to their safety, commercial sex work. Adolescent commercial sex vulnerability to arrest, abuse and lack of access to work, like all social calamities, is linked to poverty health and social services (Scorgie et al., 2012). driven by gender inequality which propels male 3.4. Adolescent commercial sex work dominance through their access, ownership and control of mineral resources. and reproductive health The complex relationship between poverty, According to UNAIDS (2016) adolescents who exclusion and adolescent commercial sex work are 10-19 years old are the only age group in is central to an understanding of the impact of which AIDS-related deaths are not decreasing. the epidemic adolescent commercial sex work However, their 2030 Agenda for Sustainable on mining livelihoods (International HIV/AIDS Development details a specific goal to ensure Alliance, 2008). The relationship is bi-directional healthy lives and promotion of well-being for in that poverty is a key factor in adolescent all at all ages. This goal includes a specific target commercial sex work while conversely adolescent (3.3) which aims at ending the AIDS epidemic by commercial sex work can impoverish adolescents 2030. Halting HIV and AIDS requires amplifying in such a way it intensifies the deterioration of investments and fostering innovation among their sexual reproductive health and at the same adolescents (UNAIDS, 2016). In addition, of the time exacerbate adolescent poverty. 250,000, new HIV and AIDS infections among Social factors such as the orphan status of adolescents in 2015, adolescents’ girls account for adolescents in many mining households, child- 65% (ZIMPHIA Factsheet). Worldwide in 2015, headed households and the lack of education or 1.8 million adolescents were living with HIV and trainings push adolescents into commercial sex sub-Saharan Africa constituted nearly 80% of all for food, shelter, an income and social security new HIV infections among adolescent girls aged (UNICEF, 2014). Poor water, sanitation and 15 to 19 in 2015 (UNAIDS, 2016). hygiene are also factors that give rise to adolescent In sub-Saharan Africa, Zimbabwe included, commercial sex work. Mining results in destruction coverage of HIV testing and counselling remains of agricultural activities which are central to significantly low among adolescents. Legal women’s and girls’ livelihoods. Contraction of barriers, including age of consent and parental activities in agricultural production results in consent laws, continue to hinder access to hunger, poverty and social insecurity particularly services, including sexual and reproductive health with regard to women and children (International services for adolescents. Tracking and analysing Organization for Migration, no Date). adolescent reproductive health, unwanted pregnancy, adolescent fertility, STIs is complicated 3.3. Reproductive health by the lack of adequate and disaggregated data on Adolescent commercial sex work is illegal in the sexual reproductive health of adolescents. As a Zimbabwe. Adolescent commercial sex work result, most national responses are unable to track is hidden from view, resulting in sex workers adolescent reproductive health issues. becoming legally and socially vulnerable. Studies have also shown the low uptake Adolescents constitute a huge proportion of of contraception and high rates of sexually those engaged in commercial sex work (WHO; transmitted infections (STIs), high adolescent 2015). Gender inequality and gender-based pregnancy rates, adolescent suicide attempts and violence(GBV) in mining communities grounded alcohol abuse among adolescents within mining

110 Adolescent Commercial Sex Work – A Health Concern

communities (UNAIDS, 2016). This emphasises Figure 4.1 : Residential location2 the need for stronger links between organisations offering health and other service if they are to reach adolescents in mining communities with services that address their holistic needs. Without the added investment in adolescent, gender- sensitive and comprehensive sexual reproductive health education programmes, however, the 75% decline target in new infections by 2020 may not be met (UNAIDS, 2016). 4.3 Gender 4. Discussion of Findings Represents gender of respondents, 91% were This chapter presents the results of the study. The females and 9% were males. findings are presented according to the research questions that were outlined in the introduction. Figure 4.2: Gender There were 100 sets of questionnaires, distributed to the respondent’s drawn from Penhalonga mining community. The purpose of this chapter is to compute and analyse the raw data obtained from the aforementioned questionnaires using the interview Demographic profile of respondents

4.1 Response rate 4.4 Age Depicts age distribution of respondents (45%) Table 4.1: Response rate (Source: Case were aged 11-16 years, 34% who were aged 16- Study 2018) 20 years, 7% who were aged 20-25 years and 14% Total questionnaires issued 100 were aged 26-30 years.

Questionnaires returned 82 Figure 4.3: Age

Response rate 82% Of the 100 questionnaires 70 to adolescent commercial sex work, 20 to key informants, and ten to the general public within Penhalonga mining community. 4.2. Residential location Figure 4.1 shows the respondent residential distribution 66% reside rural areas 7% reside in urban areas and 27% in semi-rural areas.

2 Figures 4.1 – 4.10 are all drawn from the 2018 survey.

110 111 Putting Women at the Centre of Extractivism

4.5 Employment status 4.5 Adolescents commercial sex work The majority of respondents were unemployed 4.8 Drivers of adolescent commercial sex (73%), 11% of respondents were self-employed, work 6% were employed, 10% were students and 6% Figure 4.7 below shows what drives adolescents were employed. into commercial sex work, The push factors Figure 4.4: Employment Status include poverty (29%), orphanhood (26%), gender-based violence (9%), HIV and AIDS status (24%) while others reported inherited sex work 2% (i.e., following their mothers into the trade), unwanted pregnancy 10%. Figure 4.7 Drivers of Adolescent Commercial Sex Work

4.6 Household type Depicts household type, 46.3% of the respondents were child-headed household, 36.6% were female- headed households and 17.1% were male-headed households Figure 4.5 Household type

4.9 Equal access to/use of resources Figure 4.8 below represents access to and use of resources, 98% believe women and has no equal access to resources and only 2% believe men and women has equal access to and use of resources 4.7 Sources of household income Figure 4.8 Equal Access To/Use of Resources Depicts household source of income of respondents, 52% depends on casual jobs, 32% vending,12% agriculture production and 4% of the respondents were formally employed Figure 4.6 Sources of Household Income

4.10. Reasons for women’s lack of access Figure 11 above shows reason why women lack of access to resources, 57% of the respondents point lack of power and rights, 26% cultural factors and 17% patriarchal society.

112 Adolescent Commercial Sex Work – A Health Concern

Figure 4.9 Reasons for Women Lack of hood, loss of parental affection, encouragement Access and guidance together with economic vulnerability result in adolescents having challenges in accessing school which ultimately drives them to engage in commercial sex work as a means of accessing food, shelter and accommodation. The majority of respondents attributed their involvement in ACSW to poverty (73%) and, unwanted pregnancy (26%). I was impregnated when I was in form 2, I dropped out of school, I was chased away from home he refused responsibility and I had to no 4 4.11 Adolescents commercial sex gender- choice I had to look after my child , based challenges The other respondents blamed their Figure 4.10 represents gender challenges involvement in ACSW on their HIV&AIDS status faced by adolescents: 29% socio-economic (24%) and broken family social fabric (10%) discrimination, 28% lack of decent food water It makes no difference. I am already HIV and shelter, 26% gender based violence and 17% positive5. stigmatisation. Compounded by lack of access to economic Figure 4.10 Adolescents Gender based factors of production, (98%) were in agreement Challenges (Source – Survey 2018) that generally adolescents and women lack access to resources, which (57%) attributed to lack of power and rights, (26%) to cultural factors, and (17%) patriarchal society. I dropped out of school when i was ten because my father said women’s duty is child bearing6 Adolescents in such an environment end up engaging in risky commercial sex work in order to get money for basic commodities which usually 4.6 Comprehensive drivers of results in unwanted pregnancy and/or, HIV and adolescent commercial sex work AIDS. Uncomfortable household environments With reference to drivers of adolescent’s such as being financially unstable are generally commercial sex work background, respondents high among female child-headed households and mentioned different reasons for indulging in such situations were also given as reasons why ACSW which included economic need, household some of the respondents engaged in commercial environment and orphan status, poverty, and sex work. culture. My father left the family when I was 12 years After the death of my parents, as the first born I old, my mum didn’t afford me the opportunity had a family to look after; I had no choice I had to go to school, out of school, we were so poor, no to look after my siblings3 4 Respondent 51 in an interview held in Penhalonga. The finding of the study reveals that orphan 5 Respondent in an interview at Penhalonga. 3 Respondent 30 during an interview held in 6 Respondent 1 in an interview conducted at Penhalonga. Penhalonga.

112 113 Putting Women at the Centre of Extractivism

source of income, no jobs for women at the mine, 5. Measures to Address no food on the table,7 Adolescent Commercial Sex The urgent need for financial assistance from Work in Mining Communities men leaves adolescent girls with less power to negotiate the use of contraception. Again, in female child-headed households, adolescents have more opportunity to engage in risky sexual practice which results in early pregnancy because they have extensive unsupervised time. Given this scenario, adolescents commercial sex work is likely to increase in the area. The study findings also reveal the existence of gender imbalances that discouraged families from sending adolescent girls to school. As one respondent stated: The chart presents responses on what a community should do to reduce adolescent I did not go to school because of societal norms commercial sex work and improve reproductive that believes that girls should not be send to health in mining communities. 33%life school8 orientation curriculum,27% peer education, Herz (2011), states that, cultural parents expect 22% sexual health education, 11% out-of-school girls to marry and leave the family hence educating sexual reproductive health education a girl may seem less reliable an investment in the future than educating a son. Usually, these gender 5.1 Sexual reproductive health inequalities propel gender based challenges for education adolescent girls. As respondents stated, (27%) According to Fact Sheets of US (2006), Sexually experienced Gender Based Violence (GBV), (29%) Transmitted Disease (STD) education has multiple encountered socio-economic discrimination, goals that include (i) to decrease early pregnancy, (17%) stigmatisation and (28%) ha to contend (ii) to decrease STD and HIV and (iii) to improve with lack of access to adequate food, water and sexual health among adolescents. Kirby (2007) shelter which explained the reasons for early stated that health education programmes can adolescent commercial sex work amongst young help adolescents to adopt lifelong attitudes and girls in mining communities. behaviours that support overall health wellbeing including behaviours that can reduce the risk of pregnancy, HIV and other STDs among adolescents in mining communities. Buckley-Willemse (2005) stated that when provided with STIs prevention education, adolescents are able to understand the repercussions of adolescent commercial sex work on their reproductive health. In South Africa, reproductive sex education on STIs forms part of their HIV prevention strategies i.e. providing accurate information about the disease. See their National Policy on HIV and 7 In an interview with Respondent 6 at Penhalonga. AIDS (Department of Education, 1999) and 8 Respondent 15 in an interview held at Penhalonga.

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The HIV and AIDS Emergency Guidelines for 5.2 Increasing out of school sexual Educators (Department of Education, 2002). reproductive health programmes Life orientation curriculum Research has shown that adolescents who became According to Buckley-Willemse (2005), sexual adolescent commercial sex workers have already and reproductive health education programmes left or alienated themselves from the formal alone cannot eradicate irresponsible behaviour education system (Bonnel et al., 2005). In this among adolescents but empowering adolescents case, school based programmes on ACSW with knowledge, economic assets and life skills prevention do not reach those who have left the can have a positive influence on their behaviour. school system (Bonnel et al., 2005). According to Buckley-Willemse (2013) goes on to state that Saew (2003), adolescents who are alienated from if government, development partners such school due to social, economic or cultural factors as mining houses aim to decrease adolescent have less incentive to avoid commercial sex work. commercial sex work, they must start introducing Hence out-of-school sex education programming community specific intervention programmes. reaches adolescents who are at higher risk of South Africa took a step in the right direction by adolescent pregnancy, STIs, including those introducing sex education into a Life Skills syllabus who are dissatisfied with the mining system as part of the Curriculum 2005 (Department of (Furstenberg, 2003). According to Warner (2005) Education, 2007; Willan 2013). The programme out-of-school approaches are often designed included sexuality, gender, school safety, to be strength-based, youth-led and to provide skills development, career guidance, life skills motivation to avoid teen pregnancy and ultimately education, health promotion (including HIV adolescent commercial sex work. and AIDS education), physical development and Holistic community based approaches movement, environmental education, citizenship, According to Presler-Marshal and Jones (2012), human rights and religious education. Buckley- the high rate of adolescent commercial sex work, Willemse (2013) suggests that such syllabus offers adolescent unwanted pregnancies and STIs is a sound foundation. an indication of the high levels of unprotected Peer education adolescent sexual activity which exposes them to According to Panday et al. (2009), peer education the high risk of contracting Sexually Transmitted programmes have gained currency over the Disease and HIV/AIDS. A holistic community years as a strategy to intervene with adolescent based approach to adolescent commercial sex sexual and reproductive health because it takes work prevention maybe effective in dealing with advantage of existing networks of communication adolescent commercial sex work. According to and interaction, and because peers have Chamber and Wakley (2001), a holistic approach been identified as important determinants in to adolescent sexual health recognises everyone’s adolescent sexuality and a range of adolescent contribution to tackling the problem such that risk behaviours. opportunities for those employed at local level According to Tomlinson (2013) peer education in health service, education sector, the voluntary teaches assertiveness, decision-making, survival sector, leisure or sports organisations, parents techniques and negotiating skills. Kirby (2007) and local leadership to work together are highly further noted that increasing interaction with encouraged. Child Aid Society-Carrera Program other role models such as best friends, peers; in US (2009) stated that a holistic approach teachers and community members begins to makes more of an impact on adolescent sexual expand their sphere of influence for adolescents in behaviour by offering support, providing mining communities. practical information and making health services

114 115 Putting Women at the Centre of Extractivism and education more appropriate to young of reproductive health programmes is critical adolescents. for adolescents’ commercial sex reduction. Communities should be actively involved 6. Policy Recommendations in providing information to adolescents on In concluding this study, I am suggesting reproductive health issues, prevention of and recommending the following as essential pregnancy, and STI including HIV/AIDS. since these might act as a guide to the mining Addressing adolescent commercial sex work is a communities, health institutions, communities, battle that requires the active involvement of all parents and other relevant stakeholders. While stakeholders. it is acknowledged that there are high rates of Recommendations for health institutions adolescent commercial sex work in mining The study suggests that keeping clinics present communities the following recommendations are and visible in mining communities is helpful in therefore strongly tailored towards small mining combating adolescent commercial sex work and communities. addressing reproductive health concerns. This Recommendations for adolescents then calls for the Ministry of Health and Child Adolescents’ engagement on strategic national care to establish more community-based clinics planning programmes can adequately empower as their presence will enable health workers adolescents to seek support to be directly involved disseminate valuable information on sexual in the implementation of development initiatives reproductive health to adolescents. within mining communities. For policy-makers or decision-makers Recommendations for parents Without inclusion and equity, adolescent The study also reveals that lack of supervision commercial sex workers will continue to be and monitoring of adolescents has resulted in left behind in reproductive health responses. increasing adolescent commercial sex work Transparent, honest, accountable and equitable in mining communities due to broken family opportunities should be focused on the structures. This study also encourages parents to most marginalized whereby the safety and create an adolescents friendly environment for protection of adolescents and youth should be information sharing, identifying and responding guaranteed through a multi-sectoral approach to adolescents commercial sex work. to programming with and for adolescents. It is important to institutionalize policies for Recommendations for community the participation of adolescents and youth, According to UNAIDS (2016), participation particularly specific groups of adolescents helps to build trust, make programmes more (including adolescent girls) in the adolescent comprehensive and responsive to the needs of commercial sex work response. adolescent commercial sex workers, and creates more enabling environments for adolescent 7. Conclusion commercial sex work prevention. Investing, Effective strategies to deliver safe adolescent empowerment in leadership of adolescents reproductive health services to adolescents are through promoting autonomy, decision-making critical. Government, development partners and power will help reduce adolescent exposure feminist organisation must scale up advocacy, to risk factors and infection risk and mitigate policy reform, financing towards fighting the impact of adolescent commercial work. poverty deprivation and lack of access to Inclusive community participation in design, resource in mining communities and ultimately implementation, monitoring and evaluation adolescent commercial sex work. Adolescents

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reproductive health services need to be tailored net/10394/537, accessed 10 November 2018. to the diverse needs and realities adolescents in Chambers, R. and G. Wakley (2001) Tackling mining communities face. They must also reach Teenage Pregnancy: sex, culture and needs. the most disadvantaged and highly vulnerable Radcliffe Medical Press Ltd, Oxon. adolescents girls, promote equitable access to Covenant on Civil and Political Rights. General social and economic factors of production and Comment, Vol. 28. http://www.unhchr.ch/tbs/ development. Development implementation doc. and mainstreaming adolescent developmental- friendly programmes Department of Education (2003) ‘HIV/AIDS in your School’. http:/www.doe.gov.za References Department of Education (2007) ‘Measures for the Prevention and management of Learner Abdullahi, Ahmed, and et al. (2010) ‘Human pregnancy’. www.education.gov.za. Accessed 30 Rights in Cross Cultural Perspectives: A quest October 2018. for consensus.’ University of Pennsylvania Facts Sheet (2006) ‘What works best in sex/ HIV Press, Philadelphia. education’. http:// caps.ucsf.edu/archives/ Hesselink-Louw, A.M, C. Bezuidenhout and A.E. factsheets/sex education. Accessed 15 Boniface (2004) ‘South African Law and Child November 2018. Prostitution: An Overview’, Vol. 2, Stellenbosch Haralambos, M, and Holborn (1996) Sociology: Law Review, p. 354. Themes and perspectives. Collins Educational, Baral, S., C. Beyrer, K. Muessig, T. Poteat, A. L. London. http://www.beta2.statssa.gov. Wirtz, M.R. Decker, et al. (2012) Burden of za/?page_id=993 HIV among female sex workers in low-income International HIV/AIDS Alliance (2008) and middle-income countries: A systematic ‘Sex work, violence and HIV: A guide for review and meta-analysis. The Lancet Infectious programmes with sex workers’. https://www. Diseases Accessed 15 Sex_Work_Violence_and_HIV_A_Guide_for_ December 2018. Programmes_with_Sex_Workers_2007.pdf. Baral S.D., Poteat T, Strömdahl S, Wirtz AL, Kembo, J. and K. Nhongo (2013) ‘The Less Visible Guadamuz TE, Beyrer C. (2013) ‘Worldwide Street Children of Zimbabwe’. https://zimlii.org/ burden of HIV in transgender women: A zw/journal/2018-zelj-01/%5Bnode%3Afield_ systematic review and meta-analysis’. The jpubdate%3Acustom%3AY/child-prostitution- Lancet: Infectious Disease. Vol. 13: 3 pp. 214–22 zimbabwe-and-tragedy- March 2013. Jana, S., I. Basu, M.J. Rotheram-Borus, P. A. Bless, C. et al. (2006) Fundamentals of Social Newman (2004) ‘The Sonagachi Project: A Research Methods: An African Perspective. Juta sustainable community intervention program. and Company Ltd., Cape Town. AIDS education and prevention’. International BioMedical Research and Training Institute Society for AIDS Education. (2013) ‘Sexual Minorities and HIV in Johnston, D., K. Deane, M. Rizzo, (2015) ‘The Zimbabwe’. (Draft report). BRTI, Harare. Political Economy of HIV’. Review of African Buckely-Willemse, B. (2005) ‘Sexuality education Political Economy. Vol. 42. and life skills acquisition in secondary Kachere Phyllis (2013). ‘Religion and Poverty schools: guidelines for the establishment of Force girls into Early Marriage’. http://www. health promoting schools’. http:// hdl.handle.

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infosdelaplanete.org/5308/religion-and- prevent early pregnancy’. https://www.odi. poverty-force-girls-into-early marriages. org/publications/6689-charting-future- html?L=EN Accessed 10 November, 2018. empowering-girls-prevent-early-pregnancy Kendall, D. (2008) Sociology in our Times. Sandfort, T. G., L.R. Baumann, Z. Matebeni, http://the-eye.eu/public/WorldTracker.org/ V. Reddy, and I. Southey-Swartz (2013). College%20Books/Sociology%20in%20 ‘Forced sexual experiences as risk factor for Our%20Times/Sociology%20in%20Our%20 self-reported HIV infection among southern Times%200-495-00685-8.pdf African lesbian and bisexual women’. https:// Kirby, D, (2007). ‘Research Findings on www.ncbi.nlm.nih.gov/pubmed/23326452 Programs to Reduce Teen Pregnancy and Surujlal, J. and M. Dhurup (2012) ‘Legalising Sex Sexually Transmitted Diseases. Washington Workers during the 2010 FIFA Soccer World DC: National Campaign to Prevent Teen Cup in South Africa’. https://www.researchgate. and Unplanned Pregnancy’. http:// www. net/publication/272459436_Legalising_sex_ thenationalcampaign.org/EA2007/EA2007_ workers_during_the_2010_FIFA_Soccer_ Full.pdf. Accessed October, 2018 World_CupTM_in_South_Africa McQueston, K., R. Silverman, A. Glassman Tashakkori, A. and C. Teddlie, (2010). Mixed (2011). ‘Adolescent fertility in low and middle- methods in social and behavioral research. income countries: effects and solutions’ https:// https://methods.sagepub.com/book/ www.files.ethz.ch/isn/143292/1426175_ sage-handbook-of-mixed-methods-social- file_McQueston_Silverman_Glassman_ behavioral-research-2e AdolescentFertility_FINAL.pdf Thomas, D. R, and I. D. Hodges, (2010).Designing McQueston, K., R. Silverman and A. Glassman and managing your research project: Core (2011) ‘Preventing early pregnancy and poor knowledge for social and health researchers. reproductive outcomes among adolescents in https://methods.sagepub.com/book/designing- developing countries’ https://www.ncbi.nlm. and-managing-your-research-project nih.gov/pmc/articles/PMC4316852/ UNAIDS (2011) ‘Securing the Future today. Ministry of Health and Child Care (2013) Living Synthesis of Strategic Information on HIV Conditions Among Persons with Disability Survey: and Young People’. http://www.unaids.org/en/ Key Findings Report. http://www.unicef.org/ resources/documents/2011/20110727_JC2112_ zimbabwe/National_Survey_on_Disability_2013(1). Synthesis_report pdf. Accessed 12 November 2018. UNAIDS (2017) Global AIDS Update: Ending Neuman, W. L. (2000) Social research methods: AIDS. Progress towards the 90-90-90 Qualitative and Quantitative approaches. http:// targets. http://www.unaids.org/en/resources/ letrunghieutvu.yolasite.com/resources/w- documents/2017/20170720_Global_AIDS_ lawrence-neuman-social-research-methods_- update_2017 qualitative-and-quantitative-approaches- UNAIDS (2016) ‘Special analysis of HIV & AIDS’. pearson-education-limited-2013.pdf http://www.unaids.org/sites/default/files/ PEPFAR Zimbabwe Country Operational media_asset/2016-AIDS-data_en.pdf Plan (COP) (2016), ‘Strategic Direction UNICEF (2008) ‘Child Marriages and the Law: Summary’. https://www.pepfar.gov/documents/ Legislative Reform Initiative’, Paper Series, 46. organization/272027.pdf https://www.un.org/ruleoflaw/blog/document/ Presler-Marshall, E. and J. Jones (2012) child-marriage-and-the-law-legislative-reform- ‘Charting the future-Empowering girls to initiative-paper-series/

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United Nations Development Programme (2017) HIV, Health and Development Annual Report 2016–2017. https://www.undp.org/ content/undp/en/home/librarypage/hiv-aids/ undp-hiv--health-and-development-annual- report-2016--2017.html United Nations (2011) Millennium Development Goals Report. https://www.un.org/ millenniumgoals/pdf/(2011_E)%20MDG%20 Report%202011_Book%20LR.pdf WHO (2015) ‘HIV and Young people who sell sex’. Technical Brief. http://www.unaids.org/ sites/default/files/media_asset/2015_young_ people_who_sell_sex_en.pdf Willan, S. (2013) ‘A review of teenage pregnancy in South Africa – Experiences of schooling and knowledge and access to sexual and reproductive health services’. Durban, Health Systems Trust, Durban. World Health Organization (2011) ‘Preventing early pregnancy and poor reproductive outcomes among adolescents in developing countries’. WHO recommendations. https:// www.who.int/maternal_child_adolescent/ documents/preventing_early_pregnancy/en/ World Health Organization (2006) ‘Preventing Early Pregnancy: What the Evidence Says’. https://www.who.int/immunization/hpv/ target/preventing_early_pregnancy_and_ poor_reproductive_outcomes_who_2006.pdf Zimbabwe National HIV/AIDS Estimates, (2005). Preliminary Report (Health Information and Surveillance Unit Dept of Disease and Prevention and Control, AIDS and TB programme. http://www.unaids.org.zw Zimbabwe Prison Service (2011) ‘Assessment of HIV Prevalence and Risk Behaviours among the Prison Population in Zimbabwe’. http:// www.unaids.org/sites/default/files/country/ documents/ZWE_2017_countryreport.pdf

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Interrogating the Gendered Aspects of Mining, Land Access, Use, and Control in Zimbabwe

Winnet Banda

ABSTRACT 1. Introduction and Background This study interrogates the gendered aspects of mining, land access, use and control in Zimbabwe. This article analyses the findings from a research It also highlights the contribution of women in project, ‘Gender, Land and Mining Issues in mining and agricultural development globally Zimbabwe’ commissioned by Women and Law in and throughout the country. It further discusses Southern Africa (WLSA). The research forms part factors that have contributed women’s lack of of the project, ‘Making the Law Work for Women mining and land rights in Zimbabwe. Contributing and Girls’ also being implemented by WLSA. The factors such as legal framework, culture, lack of overall goal of the project is to promote women’s resources, institutional arrangements, etc. are economic justice through promoting their discussed in depth. Empowering women through effective participation in the mining sector and provision of land and mining rights is crucial in land acquisition. The specific objectives of the addressing the aforementioned problems. This project were: study also analyses the importance of mining and a) to advocate for a gender responsive legal and land rights for women, as well as assessing the policy framework so as to create an enabling role of the state and non-state actors in their bid environment for women to benefit from land to ensure that women in Zimbabwe have access to and mining activities; and can participate, control and own productive resources. The findings from this study illustrate b) to build the capacities of CSOs that lead on the predominant role that gender play in enabling land and natural resources governance in the country supporting gender responsiveness – or not – such rights. We offer conclusions and in their initiatives as a strategy to amplify recommendations that should be adopted by all women’s voices in these efforts and; stakeholders concerned about the participation of women in control and access to productive c) to enhance research and academic writing on resources. gender, land and extractives amongst CSO activists and academics.

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Issues concerning gender, land and natural social spheres. In reality it is only in the political resource governance have long been topical in arena that women are progressively gaining power Zimbabwe. Land and other natural resources due to the quota system. have contributed significantly to the country’s From an international and regional perspective, economy after almost two decades of economic the adoption of the Universal Declaration of recession. Land is a source of livelihood for rural Human Rights (1948), the Convention on the communities who rely on it for agricultural Elimination of Discrimination against Women activities, water and energy (firewood). The mining in 1979 ,and the Southern African Development sector is also a source of women empowerment Community (SADC) Protocol on Gender and especially artisanal and small-scale mining, Development (2008) are considered progressive although, generally speaking, women have been steps towards upholding and promoting women’s marginalised from ownership and control. economic emancipation, and a recognition of the important role that women play in national 2. Contextual Analysis development. However, despite the efforts made Mining and agriculture form the mainstay of by the Government of Zimbabwe to domesticate African economies, Zimbabwe included. While the aforementioned international human rights’ both women and men play an important role in provisions into our national laws, when it comes agricultural production and mining globally, it is to substantive emancipation, women continue significant that the percentage of land and mining to be deprived of their economic rights as seen claims owned by women is disproportionately by their lack of control and ownership rights of smaller considering their crucial contribution productive resources such as land and minerals. to global economic growth (UN Women Watch, Women’s right to land is a critical factor in 2011).1 determining their social status, economic well- While in Zimbabwe, women constitute more being and empowerment; land is also a social than 50% of the population (ZimStat, 2014), the and economic asset, crucial for cultural identity, percentage of women owning and controlling political power and participation in local decision- productive resources is comparatively limited. making processes (Toro, 2016). Women’s ownership, access to and control over land Land has been one of the issues that has and mining claims continue to be minimal and in generated debate since Zimbabwe gained most cases is achieved through a male benefactor; independence in 1980. Land redistribution was and women continue to be marginalised in law about reversing inequalities in land ownership, and policy making processes. The 2004 National access and control (utilisation and management). Gender Policy (NGP) was introduced to foster As previously stated, women constitute more than gender equality. Nonetheless, women and girls half the population with about 65% living in the still lagging behind with regards to economic rural areas where they rely on land for agriculture, empowerment programmes. Despite Section as a source of empowerment, livelihoods, income, 56 (2) of the Zimbabwe Constitution (2013) food security and nutrition as well as employment being progressive (as compared to other African for their survival (Women and Land in Zimbabwe, countries) in terms of giving equal opportunities 2011). Despite this evidence, women continue to to both genders, in reality women continue to be be marginalised on issues of land ownership, access economically marginalised. Section 56 (2) of the and control even during the land redistribution Constitution states that: women and men have the exercise with estimates of women being less than right to equal treatment, including the right to equal 24% African Institute of Agrarian Studies (AIAS, opportunities in political, economic, cultural and 2015)5 of those who benefited in the process. Zimbabwe’s mining industry is focused on 1 UN Women Watch, 2011.

120 121 Putting Women at the Centre of Extractivism a diverse range of small to medium mining theoretical proposition was used as a yardstick operations. Zimbabwe has over 40 mineral for measuring women’s actual participation in deposits with the most important minerals land and mining-related activities. Feminist produced including platinum, iron, diamonds, proponents of the Marxist theory such as Marx gold, asbestos, chromite, coal and base metals. and Engels blamed capitalism for the oppression The mining sector has to date been the most of women. Engels (1884) noted that the shift dynamic sector of the Zimbabwean economy, from collective ownership of property to private leading the 2009-11 economic rebound up to date ownership of property had a huge effect on the with average annualised growth of about 35%. The status of women. This was also supported by sector also contributes about 40% to the country’s Gudhlanga (2013: 2) who notes that, GDP according to the Zimbabwe Chamber of ‘In its imperialist stage, capitalism was essentially 2 Mines (2018). However, because of the violence patriarchal and women took a back seat in this and crime that has erupted among the artisanal venture …Colonialism bracketed Zimbabwean and small-scale miners, the sector is mostly male woman into restricted roles of mother and wife. dominated. Violence is about ownership and This was the root cause of Shona and Ndebele control of the mineral deposits that might have women’s economic marginalisation, which has been found in, for example, Kwekwe, Kadoma, been argued by Western scholars to originate in Shurugwi, Mashava and Zvishavane. African Patriarchy.’ To support this, inequalities in the mining Thus, informed by this study, it was imperative sector date back to the colonial era when the sector that the influence gender has on women’s control was dominated by white settlers, especially with and ownership of productive resources be regard to large-scale mining. Post-independence, examined. the gold, chrome and diamond mines have been dominated by male miners. It is within artisanal 3.1 Methodology and small-scale mining areas such as Chiadzwa This chapter relies on a qualitative case study in the Marange diamond fields (now controlled focused on content and thematic analysis, desk- by the government) that most women are found, and grounded-research. As part of the latter, though they are marginalised (Mavhudzi, 2016). in-depth interviews were undertaken to gather There have been calls to speed up the finalisation evidence from the communities, especially of the Mines and Minerals Amendment Bill, so women, and compare it with what is being it harmonises all mining activities in the country reported in mainstream media and by policy and includes artisanal and small-scale miners makers. The study helped to capture women’s while also taking into account women who have lived realities within the land and mining sector. always been marginalised in this sector. Desk research was used because there a number 3. Theoretical framework of empirical studies to do with gender, mining and land issues that are readily available on the Guided by feminist theory, the project as earlier internet. The purpose was to review existing data outlined examines the influence gender has had and compare it with contemporary data that has in access, control, participation and ownership been generated over the years as well as with of productive resources especially land and evidence on the ground. The intention was also mining resources. This chapter further traces to review the legal and policy instruments on the the contribution of women to economic growth ground and consider how they address gender in Zimbabwe. To accomplish this, the Marxist inequality and promote women empowerment in 2 http://www.chamberofminesofzimbabwe.com/ mining and land issues. index.php/en/

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4. General Overview of Gender the practice of assigning land to (mainly) married men has persisted. However, the adoption of the in Land and Mining Sectors new Constitution in 2013 legally gave women 4.1 Women and land access, equal opportunities to own as control productive ownership and control resources as clearly stated in Section 17, 56 and 80 of the Constitution of Zimbabwe. Agriculture contributes nearly 8-12% of the overall national gross domestic product (GDP) from 4.1.1 Legal framework governing land production, marketing, consumption, export issues earnings and employment creation.3 At the centre The legal and policy framework governing land of agricultural activities lie access, ownership ownership, access and control is embedded in and control (utilisation and management) of the 2013 Zimbabwe Constitution. Section 17 on land. It is within this sector that nearly 65% of gender equality, and Section 56 (2) on equality and the population of rural women is located. These non-discrimination are of particular significance. rural women rely mostly on agriculture for food Despite the Constitution acknowledging gender security and nutrition, employment, income equality in economic spheres, the reality on and as a source of livelihood. Despite women’s the ground leaves a lot to be desired as women important role, their efforts are not recognised remain economically marginalised and less than due to cultural and institutional factors and the 24% benefited from the land reform programme legal framework governing land allocation issues, (African Institute of Agrarian Studies, 2009). particularly in the communal lands. The Ministry of Lands, Agriculture, Water, Women are also the major producers of food, Climate and Rural Resettlement is responsible and guarantors of food security at the household for providing technical, extension, advisory, level. Today, over 65% of women live in rural areas regulatory and administrative services to the and are dependent on land for their livelihood agricultural sector to achieve food security and (WLZ, 2007). Women also provide more than economic development. This is the sector within 70% of the agricultural labour force (Zimbabwe which women play a major role and on which they National Gender Policy, 2013-2017). Previous rely for food security, nutrition and security and research has shown that women play a crucial economic empowerment. In this regard, women role in agricultural and mining development but should be supported and legal reforms should they are frequently denied their access, control be put in place to support women on issues of and ownership of land and mining claims, and land access, ownership and control. The Land when they do have access, they are relegated to the Commission should also play its role in ensuring peripheral positions. that every Zimbabwean citizen has equal access In the Zimbabwean context, women’s lack and control to factors of production such as land. of primary rights to land was historically 4.2 Mining Sector underpinned by the definition of their legal status as minors. In addition, the dual legal system that Zimbabwe has a huge and highly diversified existed during the colonial period placed most mineral resource base dominated by two African women under the dictates of customary prominent geological features namely the Great law which viewed women as minors, no matter Dyke and ancient Greenstone Belts also known what their age (Toro, 2016). This meant that as Gold Belts. It also has a combination of large- women did not gain access to, own and/or control scale, small-scale and informal mining entities. land in communal areas in their own right and The number of unlicensed artisanal miners is high and increasing, particularly in the gold 3 www.moa.gov.zw sector. The Zimbabwe Investment Authority

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(ZIA)states that about 60% of the country’s land is and equipment used by small-scale miners. There said to comprise of ancient rocks known for rich is also reduction in mining profits as buyers have varieties of mineral resources including gold, base huge bargaining power and poor women can be metals (such as nickel, copper, zinc and lead) and easily manipulated. industrial minerals (limestone, phosphates, clay The African Mining Vision (AMV) explains and dolomites). Zimbabwe has got the second that the extractive industries can increase gender largest deposits of platinum in the world. disparities. Women can be subjected to rape According to ZIA4 the mining industry in and murder as they cannot adequately defend Zimbabwe is expected to continue growing on themselves unless they are in partnership with the back of firming mineral prices and rising their male counterparts. Women are also subjected output. The sector contributes about 50% of the to high levels of theft, especially of their gold country’s foreign exchange earnings and 4.5% produce, because they cannot defend themselves of employment and industrial growth. However, against male predators (Padare and WAG, 2011). in the medium- to long-term, this will depend Corruption and underhand backroom dealings on the government’s ability to attract investment over exploration licences and mining claims have into current and new projects, as well as into key further marginalised women who do not have infrastructure. Power and railroad transportation the financial muscle to compete with their male are fundamental to sustainable development of counterparts.Even where the finances to bribe mining. Investment of $5-7 billion is needed officials are available, women generally shy away to grow the sector in the following proportions: from corruption, as they fear being arrested and platinum 40%, gold 33%, diamonds 11%, coal 8%, jailed leaving their children with no one to care chrome 4% and nickel 4%.5 for them. Thus, there must be deliberate efforts to Despite the availability of such huge mineral ensure that women also benefit from the current deposits, Zimbabwe remains behind as the debates about investment and empowerment country has not invested in mineral exploration in programmes. Women should also be involved in the last ten years. The Government of Zimbabwe value addition and mineral beneficiation as well as recognises the important developmental community ownership share trust programmes. contributions that the private sector – both local 4.2.1 Legal framework governing mining and foreign – can make in this way. issues Despite these opportunities there is the continued minimal participation of women in The Ministry of Mines and Mining Development mining activities due to violent disputes over aims to promote sustainable exploration, mining, mining claims and mineral deposits. Gender processing marketing and management of mineral disparities continue to exist in the mining resources for the benefit of all Zimbabweans. sector and women have always complained The marketing of minerals is undertaken by the of exploitation. Other reasons for their MMCZ. The Zimbabwe Constitution in Section marginalisation include the financial resources 56 Sub Section 2 continues to be the guiding needed for mining exploration, plus the requisite document governing gender equality in the mining plant, equipment and person-power. In addition, sector. The mining legal framework which includes there are dangers of frequent accidents emanating legislation such as the Mines and the Minerals Act from the collapse of mines due to unstable ground (Chapter 21:05) and the Precious Stones Trade and lack of financial capital to cover the high costs Act has been widely criticised as the two Acts 6 of upgrading the obsolete and outdated technology marginalise artisanal and small-scale miners.

4 www.investzim.com 6 Mines and Mineral Act Chapter 21:05, Precious 5 Ibid. Stones Trade Act.

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5. Challenges Being Faced economic rights and gender parity as well as an opportunity for sector legislative and policy by Women in Participation, reforms. However, implementation on the ground ccess ontrol and A , C , has been slow. Women are still grossly under- Ownership of Land and Mining represented in Zimbabwe’s mainstream mining Claims activities. The Zimbabwe Environment Lawyers Association (ZELA) allege that, for instance, 5.1 Cultural and Social Norms only 15 % of the 50,000 artisanal gold miners in the small-scale mining sector are women while Cultural norms have played a significant role in 80% of the small-scale gold and gemstone claims reducing women’s participation, access to, control belong to men. and ownership of land and mining rights as there The remote, informal and often illegal nature are traditionally influenced legal constraints to a of artisanal and small-scale mining often means woman owning or inheriting land and mineral that women are more susceptible to human rights. Thus women often operate unregistered rights abuses, sexual and gender-based violence, claims, which increases their vulnerability in the and health risks (World Bank, 2014). Further sector. the lack of judicial support and provision of These norms are mostly based on the gender basic infrastructure and basic services within stereotypical belief that women are not physically mining communities often heightens women’s and intellectually strong enough to be able to vulnerability to sexual and gender-based violence. manage and use resources productively. To support this, Amaah (2012) noted that chiefs feel 5.3 Financial Constraints undermined when women come to mine in their Within the mining sector, women find it difficult areas, and they will prevent them from mining. In to acquire the necessary plant and machinery as Guruve, cultural norms dictate that women are not well as new technology to exploit their mineral supposed to enter the mines. There is a strongly deposits. Women have always faced financial held belief that if a woman goes underground, the hurdles to utilise the means of production stones (minerals) will disappear. such as land and mineral claims, and given 5.2 Legal Framework their structurally limited history of capital accumulation, they also have a lack of collateral to The Zimbabwe Constitution is the supreme law access credit from financial lending institutions. of the country and gender equality is stressed in Men do not suffer the same inherent structural Section 56 (2) but the reality on the ground is that inequalities. women are still marginalised in land and mining Due to lack of funds to buy the essential issues. Moreover, other legislation, such as the irrigation equipment and inputs women often fail Land Acquisition Act, did not adequately address to develop their land, and thus face the challenge gender equality during the land reform processes. of lacking access to extension services and The Mines and Mineral Act of 1961 still governs markets. In addition, African Institute of Agrarian mining activities, and there is increasing pressure Studies (AIAS, 2009) has argued that an important to ensure the new mining statutes, such as the barrier to women’ access to A2 land is gender Mines and Mineral Amendment Bill now before insensitivity and the onerous requirement that parliament, are more gender responsive. Groups applicants should have the ‘means’ to farm and a such as WLSA argue that this legislation should proven capacity for productivity over a period of explicitly provide for women and enable them to three years, before they can be recommended for receive an equal share of mining claims. a lease. Most women cannot draw up a business The Zimbabwe Constitution provides for

124 125 Putting Women at the Centre of Extractivism plan or proposal and lack the funds to engage a to and control over land and property rights professional to do it on their behalf and yet this constrains women from accessing various other is a key requirement in applying for A2 land determinants such as finance and technology. allocation. Women continue to occupy lower levels of decision making and leadership positions 5.4 Institutional Arrangement contrary to the de jure position in sections 17, 56 Our findings have also revealed that institutions and 80 of the Constitution of Zimbabwe which in Zimbabwe have not adequately addressed talks of gender equality and non-discrimination. issues to do with female empowerment despite More efforts must be made to promote women the National Gender Policy and the Ministry and give them real decision-making power of Women’s Affairs, Gender and Community within policy-making processes. Statistics from Development (MWAGDC). Expectations are the National Gender Policy (2013-2017) shows high that the recently appointed Zimbabwe that in terms of governance and decision making, Gender Commission (ZGC) will correct past the percentage of women is still low. Thus, gender institutional shortcomings. The ZGC and the mainstreaming should be at the forefront in former MWAGDC750-50 campaign has only all policy making processes so as to ensure that made strides in the political sphere but within the women issues can be raised at all levels. economic sphere women remain marginalised. esearch indings Worth mentioning is also the fact that women’s 6. R F lack of visible and audible representation within From this research it can be noted that the means the structures that control the mining and of production such as land and mining claims agricultural industries has also contributed to form the backbone for progressive realisation of their marginalisation. The National Gender economic empowerment for women to improve Policy, 2004 stated that there was urgent their livelihoods. Despite the recognition of the need to increase women’s participation in all important roles of women in such activities and organisational structures and institutions created more especially artisanal and small-scale mining, under the Draft National Land Policy, including women continue to be marginalised in major National Land Board to at least 50%.However, economic decision-making processes. this has not been the case as illustrated in the Apart from high licensing fees and long second National Gender Policy (2013-2017) distances to licensing offices, there are also which noted that despite of calls to equality and onerous and costly requirements that affect equity the percentage of women is still marginal artisanal miners especially women. Low gold as compared to that of men. The 50-50 still prices offered by government entities have led to remains in a pipedream. a flourishing black market and smuggling gold 5.5 Exclusion in decision-making is an activity from which most women will shy away. In addition, many artisanal miners have no positions knowledge of mining, environmental, safety and At policy level, strides have been made by the health laws. While government is proposing the Government of Zimbabwe to promote and legalization of artisanal mining, no concrete legal include women in all levels of decision making steps have yet been taken. as stipulated in the Constitution of Zimbabwe The research noted that mining is an industry (2013). However, the de facto inequity in access which has always been male-dominated, regardless of geographical location. However, 7 Now known as the Ministry of Women Affairs, efforts have been made to integrate women into Community Small and Medium Enterprise the industry, but they continue to be under- Development.

126 Interrogating the Gendered Aspects of Mining, Land Access, Use, and Control in Zimbabwe

represented. It was also revealed that though the 7. Conclusions and mining sector remains a key driver to economic Recommendations growth and transformation in Zimbabwe and other parts of Sub-Saharan Africa, rarely has Despite Zimbabwe being endowed with rich it delivered clearly visible benefits in reducing mineral resources and vast fertile lands with poverty and improving livelihoods for the majority women playing an important role in agriculture of the population, especially women. and mining; however, women remain largely On issues of women and land issues, women impoverished and their participation in the play a major role in agricultural production as large-scale extractive sector is minimal. Women they are the major producers of food especially in continue to be marginalised in influential policy- rural areas whereby nearly 65% of Zimbabwean making processes and this has been the case in women reside as noted in the research. Less than Zimbabwe and Africa at large where women 24% of total beneficiaries benefited during the land have less status, power, authority and access to reform as compared to their male counterparts resources than men of their race and class in the who constituted more than 70%. Women face home, in the economy and in relation to the State. challenges in acquiring loans for inputs purchase 7.1 Recommendations and irrigation development due to lack of collateral security. Prior to 1997,inheritance laws also Recommendations that can be adopted by the limited the scope of women and girls inheriting various stakeholders involved in gender, land and their deceased husbands or father’s land; and, after mining activities. the laws were reformed, most women especially in 7.1.1 Mining rural areas, fell prey to relatives who take advantage Once the gender dynamics within small-scale and their ignorance to seize their deceased husbands artisanal mining activities (ASM) are identified or father’s property be it landed property and/or and understood, the governments, CSOs and mining claims. other stakeholders can develop more informed There are indications that strides have been strategies, policies and programmes. Some best made by the Government of Zimbabwe in practice examples of gendered ASM assistance addressing gender equality in land and mining strategies for women empowerment include: issues as shown by laws and policies that were put in place to empower and protect women. It • Develop strategies to better integrate local was also found that inasmuch as the government ASM activities, particularly those involving has made developments in an effort to achieve women, into formal systems. gender equality in land and mining issues, • Develop incentives to increase participation women continue to constitute the smaller in the formal sector including measures such percentage of people who own and control land as capacity building and the provision of and mining claims considering their population financial assistance. percentage. • Formation of co-operatives and associations since women’s networks have proven highly instrumental in raising awareness within government and other policy making structures. • Support the formation of co-operatives or women mining networks that encourage women’s participation, bargaining power, work conditions and economic independence.

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• The Parliamentary Portfolio Committee on in demanding equality and gender Mines should take a leading role in ensuring mainstreaming overland issues. that women miners are protected and • Government should make a deliberate effort supported. to ensure that competent women are given • Provide gender responsive financial influential leadership positions and a voice in assistance as well as microcredit to women policy-making processes, ASM miners and operators to improve • There is a need to engage financial production efficiencies and maximize institutions to support women in land financial outputs. development to increase productivity as • Facilitate gender appropriate training and women are mostly involved in agricultural capacity building through design and activities. the delivery of training workshops and • Rural women farmers should be given access programmes to cover technical issues, to low-cost rural financing, and value addition, health and safety practices, • Access to low-cost inputs and agricultural financial literacy, legal capacity, bookkeeping, extension services, and, marketing and managerial skills. • The Parliamentary Portfolio Committee on • Support the implementation of women lands and on gender should play a pivotal specific value-adding or ‘beneficiary’ role in ensuring women benefit in land strategies to maximise the potential redistribution exercises. economic opportunities for women from ASM. 8. References • Provide on-site childcare services at ASM operations to improve women’s productivity African Institute of Agrarian Studies. (2009) and reduce the health and safety risks to ‘Baseline Survey on Fast Track Land Reform children on mine sites. Programme in Zimbabwe’. AIAS, Harare. • Support local communities to develop Gudhlanga, E. (2013) ‘Shutting them out: their skills in alternative employment Opportunities and Challenges of Women’s opportunities that are safer and more Participation in Zimbabwean Politics – A profitable and, historical perspective’. Journal of Third World • Promoting gender equality in the ASM Studies, Vol. 30:1, pp. 151-160. sector so as to maximize social and economic Marx, K. and E. Friedrich (1884) The Communist development and help reduce feminized Manifesto. https://openlibrary.org/works/ poverty. OL16076122W/The_Communist_Manifesto 7.1.2 Land issues Mavhudzi, L. (2016) ‘Gender Inequality Rife With regards to gender and women participation in Mining Sector’. Available at: https://www. in access, ownership and control of land, the herald.co.zw/gender-inequality-rife-in-mining- following are some of the recommendations: sector/ Accessed 20 November 2018. Ofosu-Amaah, W. (2012) ‘Women’s Opportunities • There is need for women to organize and Collective Action: Case Studies from themselves into advocacy and lobby groups Women’s Mining Consortium in Zimbabwe’ demanding equality in land issues. Women, Equity, Land and Natural Resource • Mainstream gender in land redistribution Governance. World Bank Institute, Canberra. and allocation programmes. Padare and Women’s Action Group (2011). Best • CSOs should support women initiatives Practices in GenderDynamics in Zimbabwe.

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Available at: www.wag.org.zw/wp-content/ http://www.miasa.org.za/members/the-chamber- uploads/2016/05/Changing-Flow-Rivers-best_ of-mines-of-zimbabwe Practices_in_gender_dynamics_Zimbabwe.pdf www.newsday.co.zw/2018/02/women-mining- Accessed 20 November 2018. demand-protection/ Toro, Bigboy (2016) ‘Rural Women and the http://www.sundaynews.co.zw/womens- Land Question in Zimbabwe. The Case of involvement-in-mining-not-sufficient- the Mutasa District,’ International Journal of empowerment/ African Development: Vol. 4:1. www.roape.net/2016/02/10/gender-in-the- Available at: https://scholarworks.wmich.edu/ mining-industry/ ijad/vol4/iss1/7 www.zela.org United Nations Women Watch. (2011) ‘Enabling Rural Women’s Economic Empowerment: National Legal and Policy Institutions,Opportunities, and Participation’. Framework Consulted Available at: https://www.un.org/womenwatch/ Administration of Estates Act, [Chapter 6:01] daw/csw/csw56/egm/Hill-BP-1-EGM-RW- Constitution of Zimbabwe (2013) Sep-2011_CH.pdf Accessed 10 November 2018. Deceased Estates Succession Act [Chapter 6:02 ] Women and Law in Southern Africa. (2001) ‘A Critical Analysis of Women’s Access to Land in Land Acquisition Act [Chapter 20:10] the WLSA Countries’. WLSA, Harare. Mines and Minerals Act [Chapter 21:05] Women and Land in Zimbabwe. (2007) ‘Its National Gender Policy (2004) Formation, Strategies and Lessons Learnt’. International Legal Framework WLZ, Harare. African Mining Vision (AMV) Women and Land in Zimbabwe. (2011) ‘Baseline Convention on the Elimination of all forms of Survey Report on WLZ Addressing Women Discrimination Against Women (1979) Farmers Rights in Zimbabwe’. WLZ, Harare. SADC Protocol on Gender and Development World Bank. (2014) ‘Resources and (2008) Resourcefulness: Gender, Human Rights, and Resilience in Select Artisanal Mining Towns of Universal Declaration of Human Rights (1948) Eastern Congo’. World Bank, Washington DC. Zimbabwe National Statistics Agency. (2014) Compendium of Statistics. Available at: http:// www.zimstat.co.zw/sites/default/files/img/ publications/Other/Compendium_2014_0.pdf Accessed 30 January 2019 Websites Visited www.cnrgzim.org www.chronicle.co.zw/women-miners-cry-foul/ www.herald.co.zw/gender-inequality-rife-in- mining-sector/ www.ipsnews.net/2018/03/women-miners-stake- claim-zimbabwe/)

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