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. All rights reserved. No part of the publication may be reproduced, stored in a retrieval system or transmitted in any form by any means – electronic, mechanical, photocopying, recording, or otherwise – without the express written permission of the publisher. 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