Gender-Based Violence in the Mining: Women’s Month Should be a Call to Action for Change

Women’s Month - August - is when women of all races, backgrounds and social standing are celebrated for their accomplishments, but also to pay tribute to over 20,000 women who marched to the Union Buildings on 9 August 1956 in a protest against the extension of Pass Laws to women. Further, it is a month when many reflect on how far society has come in embracing women as autonomous figures with the same capabilities and conscientiousness as men. However, gender-based violence and harassment (GBVH) remains a pervasive issue generally and in the mining sector in particular. South Africa has one of the highest rates of violence against women and children. During the State on the Nation Address in February of 2024, President Cyril Ramaphosa described gender-based violence and harassment (GBVH) as the country’s “second pandemic” which requires intensified efforts to bring it to an end. The South African mining industry is a breeding ground for violence against women and most of these incidents go unreported.

GBVH in the mining industry

The mining industry is traditionally a male-dominated field in South Africa.[1] Although the representation of women in this field has grown remarkably in the past 15 years, the strides made to promote gender equality often mask the many injustices women face in the industry.[2] The Minerals Council of South Africa acknowledges that the GBVH issue pervades the mining industry, where the women in mining face constant violence, harassment and intimidation by male colleagues at the workplace. However, little effort is made by the government and mining companies to bring awareness about the abuse and discrimination of women who live in mining communities and work in the mining sector.

The campaigns for gender equality or neutrality turn a blind eye to the realities women face in predominantly male working environments and ignore the fact that gender-specific measures must be enforced to combat these issues. For example, the Lawyers for Human Rights (LHR) explains that sexual harassment and violence are likely to occur in dark, secluded environments with inadequate surveillance or supervision. Therefore, the conditions of mines, both above and below ground, pose a great threat to women in the mining industry.

Regulation of GBVH in the mining industry

South Africa is known to have one of the most progressive Constitutions in the world. Section 9 of the Constitution prohibits discrimination on the grounds of sex and gender; section 10 enshrines the right to human dignity that is respected and protected; and section 12 provides that all persons have the right to be free from all forms of violence. Further, various Acts of parliament have been enacted to give effect to these provisions, in effort to prevent and prosecute all acts of GBVH. One such legal provision which is specific to the mining sector is section 2(a) of the Mine Health and Safety Act 29 of 1996 (MHSA) which places a positive duty on the employer (i.e., mining company) to ensure, as far as reasonably practicable, that the mine is a safe and healthy working environment. This include any form of GBHV, but it is apparent that the legal framework is not enough to combat violence against women in the mining industry.

According to the LHR, some mining companies do not have specific policies against GBVH. Further, the MHSA does not provide adequate rules and regulations against GBVH in the mines. This lack of sufficient policies and regulations that govern the behaviour of employees shows that mining companies are not intentional about creating a working culture that does not tolerate discrimination against women. Employees do not have access to clear, easy-to-follow procedures for reporting instances of abuse. In response to this issue, the Department of Mineral and Petroleum Resources published new guidelines under the MHSA in the government gazette on the 3^rd of August, 2024. These guidelines mandate the implementation of surveillance systems to monitor and report any incidents of GBVH in the mines. While this is a step in the right direction from the South African government, it is an unduly delayed response to an issue that has persisted in the mining industry for decades.

It is fair to conclude that the failure to end GBVH in South Africa, particularly in the mining industry, is due to a lack of genuine political will. Violence against women and children is culturally rooted and is exacerbated by patriarchal attitudes. Therefore, the severity of GBVH is downplayed and attention is given to events and issues considered of more importance, such as the COVID-19 pandemic. This leads to a lack of meaningful collaboration between the government, civil society, and mining companies in enforcing the laws against GBV.

Conclusion: How can the observation of Women’s Month support the call to action to end GBV in the mining industry?

Due to the generally dismissive attitude towards GBVH, women’s Month presents an opportunity for the government, corporations, and political parties to boast of their social activism to gain favour and support from the public. However, these efforts are often short-lived, and the cries of thousands of women fall on deaf ears by the end of the month. Instead, Women’s Month is a reminder that South Africa’s mining sector needs to tackle the issue of GBVH. The first step towards transformation is the acknowledgement of the severity of a problem, and the realisation of the need to change. Women’s Month should be used as an opportunity for the relevant parties to assess their progress and attitudes towards ending GBVH.